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Women and the Law

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 WOMEN AND THE LAW

Professor Susan Thomas

Spring 2010
sthomas@hollins.edu
362-7492
Office hours TTH 2:30-3:30
and by appointment

Course description:

Women, historically, suffered from discrimination within the

United States, and this discrimination was codified in the law.
The law provided for vast inequality in the distribution of
social, economic and political power by voiding women’s rights
to own property, practice certain professions, and vote, among
other injustices. This is not terribly surprising as the law is a
manifestation of the current philosophies of those in power,

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and because the framers of the Constitution and those writing
and interpreting statutory law have been men, the law has
constructed and reinforced male dominance in society.

The material for this course spans three important and

overarching issues: the development of major legal rules that
impact women and the current standards; the determinants or
influences within our system that create and define those legal
rules; and the impact of those rules on the situation of women
and on society generally. For example, we will examine how
the law has treated women, and how more recent changes
have affected women’s ability to exert and hold power.
Additionally, we will examine the impact of purported
milestones such as Title IX of the Civil Rights Act, the VMI
single-sex education case, and many more.

Throughout the course, students will read scholarly studies as

well as case law to gain a broad perspective on the past and
current law, and its implications for the treatment and
position of women within our society.

Learning Outcomes:

1. Examine historical and recent trends and jurisprudence

dealing with gender issues.
2. Understand the role of the law and precedents as they affect
the role and place in society for women and men.
3. Evaluate data and evidence regarding the influence of the
law on the continued struggle against gender discrimination.
4. Analyze legal arguments for their consistency, logic, and
consequences.
5. Apply skills learned through readings and discussion to
current issues and legal problems in the field.
6. Synthesize the scholarly reading with the case law to
generalize the past and current subtleties in the changing
circumstances of women and men before the law.

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Requirements:

Quizzes: You will be given 3 quizzes during the term as well

as a final examination. These will be objective and essay
question quizzes drawn from your readings and lectures. The
quizzes will count for 45% of your course grade (15% per quiz).
The final exam will count for 20% of your course grade
(together, 65% of total grade)

Attendance and Participation: You will be graded on the

quality of your responses to the day’s student discussion
leader’s questions during class discussions. Opinion
statements and statements simply agreeing or disagreeing
with another student or the student discussion leader will
earn no points. Critique and analysis of the reading questions
will earn the most points. It is also your responsibility to sign
the attendance sheet. 20% of course grade.

Discussion Leader: Each student will be responsible for

leading one discussion about various Supreme Court and
lower court holdings presented in your text during the
semester. Your particular assignment will be made within the
first week or so of the beginning of the course. Your job is to
summarize the legal arguments presented by the case or cases
and then focus the discussion on answering the end of chapter
questions posed by Baer and Friedman. It is imperative that
you keep the discussion focused on the material under
consideration and not let the discussion become a matter of
personal opinion, except only as explicitly required, and then
only rarely. The point of our discussions is to deconstruct the
legal opinion under consideration using legal analysis provided
by the court’s own opinions. 15% of grade for discussion
leader.

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Required Reading:

The Constitutional and Legal Rights of Women, 3rd ed., Judith

Baer and Leslie F. Goldstein, Roxbury Press.

Women’s Lives, Men’s Laws, Catherine MacKinnon, Harvard

University Press.

Course Outline:
Wed. Feb 3 Course Introduction

Mon. Feb. 8

Reading: Baer, Introduction – pp. 34

Wed. Feb. 10

Reading: Baer pp. 35-56; MacKinnon, essays 1-2

Cases for Discussion: Muller v. Oregon; Adkins v. Children’s

Hospital; Goesaert v. Cleary; Hoyt v. Florida

Mon. Feb. 15

Reading: Baer pp. 56-95; MacKinnon, essays 3-4

Wed. Feb. 17

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Reading: Baer pp. 95-137; MacKinnon, essays 5-6

Cases for Discussion: Frontiero v. Richardson;

Schlesinger v. Ballard; Craig v. Boren; Michael M. v. CA; Rostker v.
Goldberg; Nguyn v. INS

Mon. Feb 22

Reading: Baer pp. 139-168; MacKinnon, essays 7-8

Wed. Feb. 24 Quiz No. 1

Reading: MacKinnon, essays 9-10

Mon. March 1

Reading: Baer pp. 168-197; MacKinnon, essays 11-12

Cases for Discussion: Weeks v. Southern Bell; Ellison v. Brady;

Oncale v. Sundownder; Price Waterhouse v. Hopkins; UAW v.
Johnson Controls

Wed. March 3

Reading: pp. Baer 197-238; MacKinnon, essays 13-14

Mon. March 8

Reading: Baer pp. 241-271; MacKinnon, essay 15

Cases for Discussion: Geduldig v. Aiello; GE v. Gilbert; CFSL v.

Guerra; Johnson v. Transportation Agency

Wed. March 10

Reading: Baer pp. 271-304; MacKinnon, essay 16

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Mon. March 15

Reading: Baer pp. 304-342; MacKinnon, essay 17

Cases for Discussion: Goodridge v. Commissioner; Stanton v.

Stanton; Tinker v. Colwell; Salk v. Salk; Caban v. Mohammed ;
Michael H. v. Gerald D.

Wed. March 17 Quiz No. 2

Mon. March 22—Spring Break

Wed. March 24--- Spring Break

Mon. March 29

Reading: Baer pp. 343-383; MacKinnon, essay 18

Wed. March 31

Reading: Baer pp. 383-430; MacKinnon, essays 19-20

Cases for Discussion; Buck v. Bell; Skinner v. Oklahoma; Griswold v.

Connecticut; Eisenstadt v. Baird; Roe v. Wade; Planned Parenthood
v. Casey

Mon. April 5

Reading: Baer pp. 431-462; MacKinnon, essays 21-22

Wed. April 7

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Reading: Baer pp. 462-491; MacKinnon, essay 23

Cases for Discussion: Stenberg v. Carhart; Hill v. Colorado; In re

A.C.; Ferguson v. Charleston; Johnson v. Calvert

Mon. April 12

Reading: Baer pp. 491-533; MacKinnon, essay 24

Wed. April 14 Quiz. No. 3

Mon. April 19

Reading: Baer pp. 533-564; MacKinnon, essay 25

Cases for Discussion: Davis v. Davis; Vorchheimer v. School District;

Mississippi v. Hogan; U.S. v. Virginia; Cohen v. Brown; Gebser v.
Lago Vista

Wed. April 21

Reading: Baer pp. 566-580; MacKinnon, essay 26

Mon. April 26

Reading: Baer pp. 580-592

Cases for Discussion: Davis v. Monroe County; State v. Rhodes;

State v. Oliver; Thurman v. Torrington; Navarro v. Block; State v.
Kelly; State v. Stewart;

Wed. April 28

Reading: MacKinnon, essay 27

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 Cases for Discussion: Navarro v. Block; State v. Kelly; State v.
Stewart

Mon. May 3

Reading: Baer pp. 607-614; MacKinnon, essay 28

Cases for Discussion: Goldberg v. Maryland; In the Interest of M.T.S.;

Booksellers’ Assoc. v. Hudnut

Wed. May 5

Reading: Baer pp. 614-639; MacKinnon, essays 29-30

Cases for Discussion: U.S. v. Morrison; In the Matter of P.; U.S. v.

Footman

Mon. May 10 Last day of class--wrap up

NOTE: All items in this syllabus are subject to change—and are

LIKELY to change as events get in the way of the best laid plans. It
is your responsibility to keep up with any changes that are made to
this syllabus.

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