Where do women fit in the US constitutional and legal order? When did they become legal persons and citizens? Are all women regarded as valued members of the American political community? Do the Constitution, the statutes and judicial interpretations that carry out its mandates recognize differences among women and between women and men in ways that encourage empowerment and participation for all or dependency and denial for some?
This course considers different perspectives for rethinking the part the Constitution, statutory law and judicial interpretation play in maintaining a gendered society. These overlapping perspectives from theory, include formal and substantive equality, nonsubordination, difference, autonomy & identity. We use a cross section of cases and readings drawn from fiction, legal & social science scholarship to examine and critique these perspectives. These materials come from constitutional law as well as areas such as the law and culture of employment, family, welfare, education, & criminal law. They encompass issues such as wage discrimination and affirmative action, group v. individual treatment, sexual orientation as a criterion for marriage, parenting and employment, sexual harassment in education and employment, the family and its relationship to race, pornography, prostitution and abortion.
11:50 am - 1:05 pm
1L and upperclass elective
Gender & Law:Theory, Doctrine & Commentary
- K Bartlett et al