Gender Justice - L6506-001
Professor Katherine Franke
Fall 2018 - Columbia Law School
Mondays, 3:00 pm - 6:00 pm
Jerome Greene Hall, Room 105
Professor Franke's Coordinates:
Office: Jerome Greene Hall, Room 626
E-mail: [email protected]
Office Hours: Tuesdays, 3:00 pm - 4:40 pm *
Faculty Assistant/Administrator: Liz (Elizabeth) Boylan
Email: [email protected]
* During the week of September 10th, Office Hours will be held on Wednesday, September 12th
This course will provide an in-depth exposure to current advocacy efforts to advance Gender Justice. The course will be held once a week for three hours. In the first half of each class, we will have a guest speaker who is a gender justice advocate working on an issue such as domestic violence, transgender rights, reproductive justice, migrants’ rights, the criminalization of pregnancy, gender and the Movement for Black Lives, or the decriminalization of sex work. In the second half of the class will will discuss the topic further (without the presence of the speaker), exploring questions such as: which gender justice problems are best addressed by litigation-based vs. other advocacy tactics; how advocacy in this area has shifted in the current political climate; to what degree the interests of people of color, low-income people, and gender non-conforming people, among other marginalized members of the community, have been either centered or neglected in advocacy strategies; the possibilities and limits of law-based advocacy; and how we might distinguish between forms of work that aim to make change in incremental ways vs. transformative/radical ways.
Students will be evaluated by a final take-home exam.
NO LAPTOPS WILL BE PERMITTED IN THIS CLASS
Monday, September 10
Introduction to the class - Rosh Hashanah (class will be recorded)
Monday, September 17
Lecture on Gender Justice
Monday, September 24
Gender and Mass Incarceration
Kathy Boudin and Cheryl Wilkins, co-Directors, Columbia Center for Justice
- Hazel V. Carby. “Policing the Black Woman’s Body in an Urban Context”. Critical Inquiry 18, no. 4 (1992): 738-55
- Breea C. Willingham, “Black Women's Prison Narratives and the Intersection of Race, Gender, and Sexuality in US Prisons”. Critical Survey Number 3, 201 1: 55-66
- Kathy Boudin, “The Resilience of the Written Off: Women in Prison as Women of Change”. Women’s Rights Law Reporter 20, no.1 (2007): 15-22
- Priscilla A. Ocen, “Punishing Pregnancy: Race, Incarceration, and the Shackling of Pregnant Prisoners”. 100 Cal.L.Rev. 1239 (2012)
- Laura McTighe, with Deon Haywood. “‘There is NO Justice in Louisiana’: Crimes Against Nature and the Spirit of Black Feminist Resistance.” Souls: A Critical Journal of Black Culture, Politics and Society 19, no. 3 (2017): 261-285
Monday, October 1
Reproductive Justice and Religious Liberty
Brigitte Amiri, Deputy Director, ACLU Reproductive Freedom Project
Monday, October 8
Sex Workers' Rights
Rosie Wang, Director of Legal Advocacy and Services, Sex Workers Project
Monday, October 15
Human Rights Commissions
Carmelyn Malalis, Commissioner, New York City Commission on Human Rights
Monday, October 22
Gender and Climate Change
Colette Pichon Battle, Executive Director, Gulf Coast Center for Law & Policy
- Barrios, Roberto and Pichon Battle, Colette. Equity in Disaster Recovery, Mitigation and Adaptation. White paper. 2018.
- The World Health Organization. Gender, Climate Change and Health. WHO, 2014. ISBN: 978 92 4 150818 6.
- Harris, Rachel. “Case Study 5.7: Gender Aspects of Climate Change in the US Gulf Coast Region.” In Gender and Climate Change: An Introduction. Earthscan, 2010. 152-158.
- Rojas-Cheatham, Ann, et al. “Case Study 5.8: Women at Work: Mitigation Opportunities at the Intersection of Reproductive Justice and Climate Justice – Examples from Two Industrial Sectors in the US.” In Gender and Climate Change: An Introduction. Earthscan, 2010. 159-170.
Monday, October 29
Monday, November 5
Gender and Migration
Chaumtoli Huq, Founder of Law at the Margins, Associate Professor of Law, CUNY Law School
- VIDEO – Watch: “Naree Shongothok/Women Organizers,” created by Chaumtoli Huq, Founder of [email protected]. 2016. https://www.youtube.com/watch?v=mYgKhhSMkMQ.
- Huq, Chaumtoli. “Workers’ rights through a gender lens.” The Daily Star. March 25, 2015.
- Boyd, Monica and Grieco, Elizabeth. “Women and Migration: Incorporating Gender into International Migration Theory.” Migration Policy Institute. March 1, 2003.
- Musalo, Karen. “Personal Violence, Public Matter: Evolving Standards in Gender-Based Asylum Law.” Harvard International Review. Volume 36. No. 2. 45-48. 2014.
- Anani, Ghida. “Dimensions of gender-based violence against Syrian refugees in Lebanon.” Forced Migration Review. Volume 44. 75-78. 2013. https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/detention/anani...
Monday, November 12
The Future of Queer and Trans Rights
Chase Strangio, Staff Attorney, ACLU LGBT & AIDS Project
- EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F3d 560 (6th Cir. 2017)
- Alliance Defending Freedom, petition for certiorari to the U.S. Supreme Court, in R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC. July 20, 2018
- ACLU, brief in opposition to certiorari, in R.G. & G.R. Harris Funeral Homes, Inc., v. EEOC. October 24, 2018
Monday, November 19
Criminalization of Pregnancy
Nancy Rosenbloom, Director of Legal Advocacy, National Advocates for Pregnant Women
- “The dangerous state laws that are punishing pregnant people.” ThinkProgress.org. September 28, 2016.
- Paltrow, Lynn, and Katherine Jack. “Pregnant Women, Junk Science, and Zealous Defense.” www.nacdl.org. May, 2010.
- “Federal Court of Appeals Decision Prevents Pregnant Woman’s Challenge to Wisconsin’s ‘Unborn Child Protection Act’.” National Advocates for Pregnant Women. June 18, 2018.
- “Arkansas Court of Appeals Overturns Criminal Conviction for Concealing a Birth.” National Advocates for Pregnant Women. March 14, 2018.
- Goldberg, Michelle. “Personhood Ballot Initiative in Mississippi Could Ban Some IVF Practices.” The Daily Beast. October 24, 2011.
- Anne O’Hara Bynum v. State of Arkansas. Arkansas Court of Appeals. Opinion Delivered, March 14, 2018.
- Concurrence in Anne O’Hara Bynum v. State of Arkansas. Arkansas Court of Appeals. Opinion Delivered, March 14, 2018.
- Opinion and Order. Loertscher v. Anderson, Schimel, and Taylor County. United States District Court for the Western District of Wisconsin. Opinion Delivered April 28, 2017.
VIDEOS – From National Advocates for Pregnant Women
Monday, November 26
Janai Nelson, Associate Director-Counsel, NAACP Legal Defense and Education Fund
Monday, December 3