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21H.320/WGS.161  Gender and Law in US History

Fall 2013

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Adam's Rib (1949)

Instructor: Christopher Capozzola

Seminar:  Tues. 7:00-10:00pm  (56-191)        

Information: 

This subject explores the legal history of the United States as a gendered system. It examines how women have shaped the meanings of American citizenship through pursuit of political rights such as suffrage, jury duty, and military service, how those political struggles have varied for across race, religion, and class, as well as how the legal system has shaped gender relations for both women and men through regulation of such issues as marriage, divorce, work, reproduction, and the family. Our readings will draw from primary and secondary materials in American history. While we will read some court cases, the focus of the class is on the broader relationship between law and society, and no technical legal knowledge is required or assumed. There are no prerequisites for this subject.

Announcements

Online Subject Evaluations!


Hi everyone. I know that you have already received three hundred reminders, and are going to get three hundred more, but please do take the time to fill out the online subject evaluations for this class. I just checked and our class has a 15% completion rate, which is really not enough to have meaningful feedback on the class, its structure, the readings, assignments, etc. I would certainly appreciate it - and so would future students at MIT who might want to know about the class.

I've sent instructions to Wellesley students on how to access the system. The evaluations are not required, but your time and feedback are appreciated.

Thanks!

Chris.

Announced on 10 December 2013  3:36  p.m. by Christopher Capozzola

Class This Week


Hello everyone. I hope that you had a good weekend and are enjoying the first snowfall of the season.

Tomorrow night we will have our last class session, and we will focus in particular on gender and work in the present. There are two primary readings: Sheryl Sandberg's Lean In and the chapters from Lily Ledbetter's memoir of her case against Goodyear. There is a lot of reading, but I've been urging you all semester to read Lean In so I hope that you have been keeping up.

Most of you have written plenty of response papers already (I have another stack to hand back tomorrow evening), but if you would like to write one more, please feel free to do so. There are no assigned prompts this week - respond either before or after class to the reading in whatever way you wish.

Meanwhile, when you have finished the paper upload it to Stellar (and keep a backup copy!). I am having regular office hours today from 4:30 to 6:00 (come by any time), extra hours tomorrow between 5 and 7 by appointment, and on Wed. morning by appointment. I can also stay after class tomorrow night. Of course some of these times work only if you are planning to turn the paper in later this week.

If you have any questions as we wrap up the term, don't hesitate to ask. And PLEASE PLEASE PLEASE take some time to fill out the online subject evaluations.

See you tomorrow evening!

Chris.

Announced on 09 December 2013  12:08  p.m. by Christopher Capozzola

Readings and Response Papers for Next Week


Hello everyone. I hope that you are enjoying a restful Thanksgiving break. I am writing with an update about readings and response papers for next week. All of the readings are on the Materials page of the Stellar site.

- We will start with a discussion of the VMI and Citadel cases of the 1990s. There is a magazine article and a brief court case to read.
- Then we will discuss the state of sexual harassment law, with another magazine article, this one about harassment in all-male workplaces.
- Then we will spend some time discussing the Burton Conner murals controversy. I've posted several short readings: a basic summary of the relevant provisions of Title IX, a few articles and editorials from The Tech, and the "Dear Colleague" letter that conveys the federal government's current understanding of how Title IX affects campus climates on gender equity. You don't need to read all of the Dear Colleague letter, but enough of it to get the relevant parts.

Response paper topics are posted as well.

I will be responding to your paper prospectus over the course of the weekend and am happy to meet next week either during regular office hours or another time.

I will also send out information about the (totally optional but totally interesting) trip to hear the Massachusetts Supreme Judicial Court in session on the morning of Tuesday December 3.

See you next week!

Chris.

Announced on 29 November 2013  11:01  a.m. by Christopher Capozzola

Readings and Response Papers for Next Week


Hi everyone. I'm writing with an update about the readings for 21H.320 for next week. All of the readings are on the Stellar site and at first glance, it looks like a lot, but they are all quite short - and should give people time to work on research papers as well. We'll be looking at three main areas of law relating to sexual orientation and gender identity: Lawrence v. Texas (2003); U.S. v. Windsor (2013); and transgender rights. Here's the plan:

- (1) Start by listening to the audio clip the announcements of Justices Kennedy and Scalia of their opinion and dissent in Lawrence. It's about 16 minutes long. You can also read it, but listening will give you a sense of the Court.
- (2) There is a short article by Katherine Franke that is very critical of Lawrence.
- (3) There is a short reading from a history that digs into the background of Lawrence.
- (4) Then take a look at the annotated New York Times version of U.S. v. Windsor (2013), the case from last year that struck down part of the Defense of Marriage Act. You're free to read more than this, but this will give you a good introduction.
- (5) Then read the magazine article by Eliza Gray on transgender equality and the law.

Like I said, it sounds like a lot, but it's not.

Response paper topics are posted (early, for a change). Let me know if you have any questions or if you want to meet about the research papers. I won't be on campus on Friday, but will be around all of Mon.-Wed. next week before the Thanksgiving break.

Chris.

Announced on 20 November 2013  11:06  p.m. by Christopher Capozzola

Class Next Week


Hi everyone. I hope you are having a good weekend. I'm just writing with some updates for reading and discussion for next week's class in 21H.320.

First, an adjustment. Because of a conflicting event on campus next Tuesday, we will start class at 7:30pm, not 7:00. My apologies - and I'm happy to stick around after 10:00 to talk about papers or anything we don't cover Tuesday night.

We will focus on the right to privacy and the legacies of Roe v. Wade (1973). All of the readings are on the Materials page of the Stellar site. Here's what to look for:

- The essay by Rosalind Rosenberg gives the historical background of the case.
- The two cases we will look at closely (Griswold and Roe) are on the Stellar site in abridged form. I trimmed a few pages from what's on the syllabus.
- We'll also discuss Gonzales v. Carhart (a more recent case). I put two New York Times articles about it on the site, along with a chapter from Jeffrey Toobin, The Oath. You should read enough to familiarize yourself with the case.

I've tried to keep the readings for the next few weeks shorter than usual to give you some more time to (a) sleep; and (b) work on your research papers. Let me know how the papers are going and if you'd like to meet this week or next. Response paper topics will be up shortly.

See you on Tuesday at 7:30pm.

Chris.

Announced on 16 November 2013  4:11  p.m. by Christopher Capozzola

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