GOVT580: Women, the Law, and Litigating for Social Change II 

Professor Diascro
219 Ward Building
(202) 885-2246
diascro@american.edu

Readings
Grading
Course Schedule

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This class will provide an in depth analysis of the law in two areas: family law and reproductive rights as they affect women. Through reading and discussing case law, and hearing from experts in the field, this class will provide you with a thorough understanding of the state of the law and how the courts have come to interpret state and federal laws as they pertain to gender and sexual interaction within the family.

The class has a number of requirements. There is extensive reading of case law, class discussion, and in-class assignments. Additionally, students will team up to write legal briefs. And, each student will participate in a mock trial as either a justice, litigant or interest group (as amici). As part of this assignment, each student will write a short paper about the participant they will play in court, will present an oral argument or ruling in the case in a mock court, and submit a final paper that formally states their argument.

Finally, students will hear from guest speakers of various types who are active in the areas of family and reproductive law, and will make a trip to the Supreme Court for a tour and lecture.



Readings

Kay and West, Sex-Based Discrimination, 5th ed. (2002)
Other articles and cases online at LexisNexis (for Supreme Court or other courts) or Find Law (for Supreme Court only). See which format you prefer.

 

Grading

Class participation (includes class discussion, in-class assignments, and case briefs) 10%
Justice/Litigant/Amici Paper (due Monday, January 5) 15%
Team Legal Brief and Presentation (due Wednesday, January 7)  20%
Mock Court Oral Presentations (on Saturday, January 10) 15%
Final Opinion/Legal or Amicus Brief (due Friday, February 6) 40%


Course Schedule

Friday, January 2

9:00 Introduction/Course Overview
10:30 Break
10:45 The Marriage Contract: Traditional Marriage and Its Consequences 
Readings
  1. Blake, Jennie Holman. 1999. Book Review of Witte, “The History and Evolution of Marriage from Sacrament to Contract: Marriage, Religion and the Law in the Western Tradition,” 1999 BYU Law Review 847 
  2. Kay, Herma Hill. 2000. “From the Second Sex to Joint Venture: An Overview of Women’s Rights and Family Law in the U.S. During the Twentieth Century,” 88 Calif. L.R. 2017 (you may ignore the footnotes, which will reduce the length of the article)
  3. Kay & West, pp. 276-282: “Marriage” (1971) and p. 289: “Contract with the American Family” (1995)
12:00 Lunch and In-Class Assignment
1:30 Age at Marriage, Names, and Domicile/Legal Expectations
Readings
  1. Kay & West, pp. 218-244, 250-259.
  2. Forbush v. Wallace, 341 F. Supp. 217 (1971), later affirmed by the Supreme Court 
  3. Kay & West, p. 274: “Lucy Stone and Harry Blackwell’s Protest” (1855)
2:30 Break
2:45 How to Brief a Case: Kirchberg v. Feenstra
Readings
  1. Kay & West, pp. 259-261
3:45 Justice/Litigant/Amici Assignments 
Practice brief 

 

Assignment for Friday Night

Look up information on your justice, litigant, or group, and bring to class tomorrow. We’ll have a working lunch tomorrow during which time you can work on your paper or catch up on reading for second part of the day.

 

Saturday, January 3

9:00 Rethinking the Marriage Contract: Same Sex Marriage
Readings
  1. Kay & West, pp. 293-312
10:30 Break
10:45 Same Sex Marriage (cont’d) 
Readings
  1. Read about the status of same-sex marriage in the United States and the Massachusetts same –sex marriage decision (11/19/03) at www.religioustolerance.org/hom_marr.htm (scroll down half the page)
  2. “Thinking of Getting Married in Massachusetts?” at http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=14455&c=101
  3. Read about the “Defense of Marriage Act” (www.lectlaw.com/files/leg23.htm) and the proposed Anti-Gay Amendment to the Constitution (www.hrc.org/Template.cfm?Section=Civil_Marriage)
  4. Read about the proposed Federal Marriage Amendment at www.allianceformarriage.org/reports/fma/fma.cfm
12:00 Lunch [and work on Justice/Group paper or finish reading for afternoon]
1:30 Dissolution of Marriage: Grounds for, and Financial Provisions
Readings
  1. Kay & West, pp. 312-342
  2. Williams, Joan. 2000. “Do Wives Own Half? Winning for Wives after Wendt,” 32 Conn. L. Rev. 249
2:30 Break
2:45 Premarital Agreements
Readings
  1. Adams, Cory. 2000. “Getting Married: Premarital Agreements” J. Contemp. Legal Issues 12. (Originally published in 1997.)
  2. Thurrell, Jeffrey R. 2000. “Getting Married: The Pre-Marital Agreement: A ‘Warm-Hearted’ Planning Device.” J. Contemp. Legal Issues 12. (Originally published in 1999.)
3:45 Break 
4:00 In-Class Assignment 

 

Assignment for Sunday, January 4 (NO CLASS!)

Complete your Assignment for Thursday nightJustice paper. Also, for material you might want to consider as you create your own pre-nuptial agreement Monday morning, see http://www.legalzoom.com/law_library/pre-nuptials/introduction.html .

 

Monday, January 5

9:00 In-Class Assignment: Marriage Contract 
10:30  Break 
11:00 Dissolution of Marriage: Child Custody
Readings
  1. 1. Kay & West, pp. 342-390
  2. Troxel v. Granville, 530 U.S. 57 (2000) 
  3. Ronner, Amy. 2000. “Women Who Dance the Professional Track: Custody and the Red Shoes,” 23 Harvard Women’s Law Journal 174. (Sans footnotes, article is 17 pages.)
12:30 Lunch and Guest Speaker: Mr. John Crouch, Crouch and Crouch, Arlington, VA. (www.adams.patriot.net/~crouch)
1:45 Break 
2:00 Read Lofton v. Kearney (157 f. Supp. 2d 1372 (2001)) in groups and prepare appellate legal brief 

 

Tuesday, January 6
In groups, prepare family law hypothetical. Read assigned readings

9:00 In-Class Discussion of Team Legal Briefs and continue writing
11:00 Break
11:15 Family Planning: Contraception
Readings
  1. Griswold v. Connecticut, 381 U.S. 479, 1965 (read majority opinion only)
  2. Kay & West, pp. 439-451
12:30 Lunch
1:30 Medical Insurance and Contraception 
Readings
  1. Read the EEOC decision and the Seattle federal district court case, Erickson v. Bartell Drug Co. (6/12/01) on discrimination and contraception at www.nwlc.org/pill4us/index.cfm
2:30 Break
2:45 Abortion
Readings
  1. Download chronology of abortion cases at http://www.naral.org/facts/scotus_decsions_choice.cfm
  2. Kay & West, pp. 470-478 (Roe v. Wade) 
  3. Akron v. Akron Center for Reproductive Health, 462 US 416 (1983) (read Syllabus and O’Connor dissent)

 

Wednesday, January 7

9:00 Abortion (continued)
Readings
  1. Webster v. Reproductive Health Services, 492 US 490 (1989) (read syllabus)
  2. Planned Parenthood v. Casey, 505 US 833 (1992) (in Kay & West, pp. 479-516) 
  3. Stenberg v. Carhart (2000) (000 U.S. 99-830) (read majority opinion and Thomas dissent) 
11:00 Break
11:15 Issues of Abortion Clinic Violence
Readings
  1. NOW v. Scheidler, 000 US U10443 (1994) (read majority opinion) 
  2. Schiedler v. NOW, 000 U.S. 01-1118 (2003) (read majority and dissenting opinions)
  3. Hill v. Colorado, 000 U.S. 98-1856 (2000) (read syllabus and Scalia dissent)
  4. Read Freedom of Access to Clinic Entrances Act (FACE) and the Hill v. Colorado amicus brief at http://www.prochoiceamerica.org/Issues/violence/violence_fs.cfm 
12:30 Lunch
1:30  Guest Speaker: Jim Henderson, American Center for Law & Justice (http://www.aclj.org/)
2:45 Break
3:00  The Politics of RU-486 and Emergency Contraception
Readings
  1. Prothro, Gwendolyn. 1997. “RU-486 Examined: Impact of a New Technology on an Old Controversy.” 30 Mich. J.L. Ref 715. 
  2. Read selected news articles on EC (or Plan B): http://my.webmd.com/content/article/46/2953_528.htm?z=3734_00000_1000_rs_01 http://www.cnn.com/2002/HEALTH/03/27/morning.after.pill/index.html http://www.cnn.com/2003/HEALTH/12/16/morning.after.pill/ http://www.nytimes.com/2003/12/27/opinion/27ZEIT.html
4:00 Begin work on mock court arguments 

 

Thursday, January 8 OFF CAMPUS

10:00 Meet at Supreme Court of the United States for public lecture, tour, and cafeteria lunch. Wear comfortable shoes and dress appropriately (business casual). Bring money for lunch and souvenirs
2:30 Meet back at AU to continue working on mock court arguments

 

Friday, January 9

9:00 Women and Crime: Statutory Rape
Readings
  1. Kay & West, pp. 1091-1110
10:30 Break
10:45 Women and Crime: Forcible Rape 
Readings
  1. Kay & West, pp. 1111-1128
  2. Texas Penal Code (handout in class)
  3. State ex. Rel. M.T.S., 129 N.J. 422 (1992)
11:45 Woman Abuse
Readings
  1. Kay & West, pp. 1152-1180 
12:30 Lunch
1:30 Guest Speaker: Cynthia Wright, Assistant U.S. Attorney
2:45 Break
3:00 Women and Crime: Acquaintance Rape
Readings
  1. Commonwealth v. Berkowtiz, 415 Pa. Super. 505 (1992) 
4:00 Continue work on mock court arguments 

 

Saturday, January 10 

10:00  Mock Court. Dress business casual.
12:30 Lunch 
1:30 Mock Court (cont’d)