PL SC 110: Struggle for Civil Rights in America (Version: 2.2) Dr. Sean Wilson, Esq. 306 Millett Hall Email: firstname.lastname@example.org Email: (personal) email@example.com Office Hours: T, TH 11:00-12:00 (and by appointment) Website: http://seanwilson.org SSRN papers: http://ssrn.com/author=596860 § 1. Course Synopsis: The American political system established in 1787 promised several fundamental things: (1) a social order based upon “meritocracy” rather than aristocracy; (2) the rule of law; and (3) basic unalienable liberty. Yet, certain groups of Americans were specifically denied these promises. The most notable were Americans of African descent and women, although other groups – such as immigrants and gays – also endured great obstacles in the receipt of the American promise. To some extent and in varying degree, these struggles continue to this very day and will no doubt present continuing challenges to the next generation of children who by virtue of a social construct experience a marginalized status in American culture. This course is an exploration of the historical and contemporary struggles of marginalized groups within American society to obtain something very basic – the true benefits of the American Revolution. However, the course is not merely interested in telling the story of these struggles for its own sake – this is not a history course – but rather seeks to answer a larger set of questions. Why do some groups need to fight for rights in the first place? What causes these struggles to succeed or fail? What does this say about the relationship of law and society, or prejudice and “rights?” Moreover, what is the meaning of “liberty,” how does the process of its recognition come about, and what role do courts play in this matter? Do courts obstruct or facilitate the rights sought in these movements, and why? Hence, the ultimate lessons are not merely the history that accompanies the pursuit of equal protection and civil rights, but rather an understanding of how American society, law and government paradoxically work to castigate in the first instance and then to “emancipate” later in the American story. And what is perhaps most novel about this journey is that, as it proceeds, the rhetoric of America’s framing generation – unalienable liberty, the rule of law, the end of artificial castigation, the pursuit of happiness and the recognition of merit -- stands as the backdrop for the unfolding drama. Just as early colonists sought their rights as Englishmen, so too have marginalized groups sought, in essence, their American promise. And yet, the very institutions created by the framers that were used to deny this promise for years were also the ones used to facilitate it as American history undertook its venture. (Of course, the story is still in progress). The organization of course material is straight forward. Groups are discussed distinctly, one at a time. The course considers the struggles of African Americans, women, immigrants, gays, laborers, native North Americans, non-majoritarian religious groups and others holding unpopular or unconventional beliefs – and even non-citizens and “the poor.” We will also consider issues that "push" equality claims into a new dimension: movements for separatism in race and gender; the debate over reverse discrimination; speech codes; native Americans and peyote; giving personhood status to the fetus; and animal rights. Finally, along the way, students will be exposed to how the legal systems processes discrimination claims – how it defines “discrimination,” how lawsuits of this type are prosecuted, the difficulties they experience, and what effect discrimination litigation has upon the behavior of employers. The Struggle for Rights in America (2.2) § 2. Workload and Expectations 2 Students should bear in mind that the instructor takes the subject matter of this course seriously. You are expected to be prepared for, and attend, every class that you are physically able. Students who are “just trying just for a C” or “just trying to graduate” are particularly warned that this expectation may result in a failing marks. Grades of F and D are most surely given to those who have demonstrated an inadequate comprehension of course material. § 3. Required Texts Readings and class handouts will be distributed in class. There is no text required for this class. § 4. Lecture “Webcasting” The professor’s work product in this course will be “webcast.” This does not mean that a camera will be in the classroom. Rather, it means that the audio of the professor’s voice and his PowerPoint slide show will be converted into a flash video and published online at seanwilson.org. With respect to web lectures, students should take note of two things. First, their voices may become audible in the webcast if one sits close to the front. Students who do not want their voice published on the web can either move back a few rows or notify the professor, who will edit the voice from the audio. Requests to have voices removed should be made promptly. Secondly, students are charged with all course knowledge that is published on the web. If a student misses class, he or she has no excuse for not obtaining the knowledge that is online. This class runs 24 hours a day on the internet. § 5. Online Resources The following internet material will be used with this class: URL http://ludwig.squarespace.com/rightspage/ http://ludwig.squarespace.com/powerpoint-slidesstruggle-for/ http://ludwig.squarespace.com/rights-lectures/ http://ludwig.squarespace.com/lecture-audiostruggle-for-rig/ Content Course page. Contains all the basic links to course material. PowerPoint Slides (without audio). As of January 2009, Internet Explorer will not download 2007 versions of PowerPoint (pptx). Students should therefore use Firefox to download the slides. Course Lecture Journal. Students can access lectures and audio. Course Audio. Students can access just the audio. § 6. Exams Students are hereby notified that exams in this course will be rigorous. You should treat each exam like it is a battle in the Lord of the Rings (or Harry Potter). You should prepare yourself greatly for a wicked enemy. The instructor believes that rigorous examinations force students to take the subject matter seriously allows them to grow intellectually. The format of the exams will be complicated multiple choice. Examples of questions will be circulated so you can get a sense for what they entail. The Struggle for Rights in America (2.2) 3 § 7. Grading Plan: Grades are based upon the following items: Assignment Midterm Final Attendance Notes Worth Adjustment 25% 25% 15% 15% Take-home essays, if elected, can be worth half of the exam grade Take-home essays, if elected, can be worth half of the exam grade (none) (none) (none) A B C D F Grading Scale = = = = = 90% and above; 80% - 89.9%; 70% - 79.9%; 60% - 69.9%; 59.9% and below Writing Assignment 20% § 8. Bonus: Up to ten percentage-reallocation points are available for activities described below. Students who obtain percentage-reallocation points can use them to reallocate the grading plan. Let’s say a student earns five reallocation points. Let’s further assume that his or her midterm grade is a C (75%) and attendance is perfect (100%). He or she can use the reallocation points to make the midterm worth 20% (instead of 25%) and the attendance 20% (instead of 15%). Up to 10 points of reallocation are available according to the following accomplishments: Item Good class participation Good Lecture Summaries Good Typed Notes A 10 10 10 B 5 5 5 C 2 2 2 D 1 1 1 F 0 0 0 Class Participation: You must mark you comment down and hand it in at the end of the class. Students who do not do this cannot get credit for participation at the end of the year. If you do not hand your comments in, no points can be awarded. Lecture Summaries: Students may elect to summarize particular lectures. Summaries are like small papers: they are in paragraph form and provide a detailed accounting of what the lecture taught. Sparse summaries are not given much credit. The number of summaries needed to obtain a specific level of points will be announced in class. To get credit, students must also hand in a computer file containing the summary. They must also relinquish copyright claims, as the summaries may someday be put on the web or otherwise distributed to future classes. Good Typed Notes: Students may elect to type their hand-written notes. Depending upon how many lecture notes are typed and how thorough the content, points are awarded. To get credit, students must also hand in a computer file containing the typed notes. They must also relinquish copyright claims, as the typed notes may someday be put on the web or otherwise distributed to future classes. The Struggle for Rights in America (2.2) 4 § 9. Writing Assignment This class requires a writing assignment. Students have the option of doing one of two kinds of papers: (a) a standard research paper with proper citation; or (b) summarizing and critiquing a segment of the course no less than two-weeks worth of material. To do a good job on option (b), the student must do some outside research. Each option is described below: Research Papers: Students electing this assignment must meet with the professor four times. The first is to have the project approved. The second is to bring research collected for inspection and discussion. The third is to bring a first draft and have the paper discussed. The final is to hand the paper in and face oral examination on the research project. Failure to comply with the procedure results in a lower grade. Deadlines are as follows: First Meeting: the week of February 16th Second Meeting: the week of March 2nd Third Meeting: the week of March 9th Fourth Meeting: the week of March 16th Course-Segment Summary/Critique. Students are to select a portion of the course that is no less than two weeks in length. They are to summarize what they were taught. They are then to critique the material with outside information. The critique can be negative, positive or mixed. But in all cases, it must be substantive. Students are to go to the library and read more about the segment they have chosen. Use the outside material to help you form good opinions about the subject matter, and convey those thoughts in the paper. You must schedule one meetings with the professor and notify him of your project according to the following schedule: Notification of Project: on or before the week of March 2nd (can use email) First Meeting: on or before the week of March 9th (discuss paper and approach) § 10. Attendance and Other Assignment Information: Misses 0 1 2 3 4 5 6 7 Grade 100% 97% 94% 91% 87% 84% 81% 77% Misses 8 9 10 11 12 13 14 15 Grade 74% 71% 67% 64% 61% 57% 54% 51% Original Notes: Students are to take good notes in class. They are to keep them. They are encouraged to annotate them and make them as perfect as possible. The original hand-written notes (not copies) will be handed in for grading. Keep in mind that because notes are graded, it is considered cheating to copy someone else’s notes. (The lectures are online if you miss. Do your own work). Typing notes in class. If a student desires to bring a laptop to class and type notes on the spot, they must seek approval during the first week of class. The approval must be obtained by email (so I have a record of it). Typed Notes: Students who type their notes can receive bonus points for donating them to the course. (See The Struggle for Rights in America (2.2) 5 bonus criteria above). If you donate your typed notes (both hard copy and file), they will be put online in the course journal and possibly put to use in other semesters. It is possible that “master notes” composed of exemplary student notes will be generated someday for the course. Please note that devotion of this sort is voluntary and that students are not retaining copyright. Credit will be given, however, for the authorship of any contribution made. Attendance and Excused Absences: Student attendance is taken in class. Signing a name other than you own on the daily attendance sheet is considered academic dishonesty and subject to discipline. An excused absence does not count as a miss. However, if the student has more than two excused absences, the attendance scale must be recalculated. For example, if 2 unexcused absences is considered a 94% for all possible lectures, two out of a reduced number of possible lectures will be a lower amount. Note: Please see below for the policy on excused absences. Class Participation: Participation is graded both for extent and quality. All things being equal, quantity rules. The number of times you participate, the better. You must write your participation down and turn it in at the end of class. All participation – including questions – count. If the professor indicates that a remark is worthy of extra points, that should be noted when handing in the comment at the end of class. Other Helpful Information: Graded Assignments: Assignments are returned two weeks after completion. Students should take note of this rule when the drop deadline approaches. If an exam is administered within two weeks of the drop deadline, it will not be returned prior to the deadline. Grade Posting: Grades are posted online. Grades will never be individually emailed to students by the instructor. Grade “Favors:” If a student is close to a grade, but misses it, do not ask at the end of the semester to receive the higher mark. Grades are like points on a football scoreboard. Whenever the game ends, your score is what is on the board. Plenty of games are played where a team should have had more points. The remedy here is to fire the coach (you) or to prepare better for the next set of games. Grades are not a fiefdom, and the professor does not adjust scores for reasons of humanity, friendship, dislike or pleasantry. When the game ends, your score is your score. I think I deserve a better grade: Students should keep in mind that they are graded according to syllabus criteria, not according to their own assessment of fairness. It doesn’t matter what expectation you have for “just passing.” Follow the syllabus. I’m just trying to graduate and get a C. Students should keep in mind that there is no special standard for students who are “just wanting a C” and “just trying to graduate.” Grades of F are given to everyone who earns them. This is so even if it stops your graduation or otherwise hurts. Scale Adjustment: As a general rule, there is no right to have grades rounded. The grading scale is firm. Scales are only adjusted if the professor believes at the end of the term that the class performance in light of the difficulty of assignments warrants some correction. Recourse may take the form of rounding or dropping down a percent. With respect to these judgments, three rules apply: (1) any adjustment applies to all grade levels (if As are rounded, so are Fs); (2) if made, adjustments occur at the time the professor is calculating final grades, and hence are not a matter for student input or “lobbying;” and (3) adjustments are rare and only made if circumstances require. Once again, scales are firm. Students should not expect any rounding or drops, and should not ask for any such thing. This is especially so given that the university does not use plus or minus. Zero Percent Fs: The grade of F on course assignments can fall below 50% if the work deserves an especially low mark. Students should be aware, however, that failure to complete an assignment is a 0%, not a 50%. Late Assignments: Late assignments are penalized half a grade (5 percentage points) per day, unless a different penalty policy is announced in class. If the 5-point rule is changed in class, it will be announced and will apply to everyone. If nothing is said, however, assume the 5-point rule applies. The Struggle for Rights in America (2.2) 6 § 11. Missed Deadlines, Excuses The following policy applies to students who are absent. Students who miss an exam will receive a grade of “F” unless the absence is “excused.” Students who fail to hand in papers or other assignments on the due date will receive a grade penalty of one grade per day unless the delay is “excused.” A valid excuse can only exist where the student: (1) obtains approval to miss the exam or extend the due date before the deadline expires (note the emphasis); or (2) experiences a health emergency that renders pre-approval physically impossible and contacts the instructor as soon as the impossibility abates (documentation required). Students should note the following applications of this rule: Death or serious illness: If a student experiences a death or serious illness within his or her family or friends, this does not render the student physically unable to ask permission to miss the exam or quiz. Hence, advance permission is still required. Students are not permitted to miss an exam and then say, “Hey my Uncle died last week. I couldn’t make it. So when is my make up?” Colds and flues: Students who claim illness must still seek advance permission to miss the exam or quiz so long as they are not hospitalized. An email will suffice. Students are not permitted to miss an exam and say, “oh hey, I was sick last week – when is the makeup?” “I’m depressed:” Students who desire to miss examinations or extend due dates because of depression should have clinical documentation of the problem, prescribed medication and (if possible) a note from the treating physician. In short, students who experience clinical depression during the semester should seek help from their doctor(s) prior to asking the course instructor to accommodate the problem. (See also the disability section below). “I have to work.” As a general rule, it is not a valid excuse to miss lectures or exams because of a work schedule. If a student qualifies for an excused absence, make-ups must be administered as quickly as possible. For example, if a student suffers an illness one day before an exam, he or she is expected to take the test one day after recovery. The student can obtain no time advantage beyond the day(s) that he or she lost. Also, students who seek approval for excused absences must provide sufficient information in the request, including when they can make up or complete the assignment. A request is not considered “approved” until a proper make-up date is proposed and the excuse is approved. For example: A successful request: “Dr Wilson – I am in your PLS 405 class. My uncle has died. I have a copy of the obituary. May I miss the exam on Thursday? I can make it up at any time on Monday or Tuesday after the funeral.” [perfect – this will be granted. Make up date will be confirmed in the reply email] An unsuccessful request: Dr Wilson – Hey my uncle died. This is my notification to you of the problem. I can’t take the exam, sorry.” [Several defects: (1) not enough information; (2) the email is not a “notice;” it is a request; and (3) it does not indicate the proposed make up dates. This cannot be approved in its current form. Therefore, student has not yet obtained permission to miss the exam.] The Struggle for Rights in America (2.2) § 12. Email Policy 7 Students must at all times have an activated, working Wright State email account during the course. Vital announcements may be conveyed through email. It is the student’s responsibility to regularly check mail for course messages and to make sure that email accounts are properly working. Students who know or should know that a course communication is expected via email, but who do not receive the message because of some technical problem, have the responsibility to contact the professor immediately to check the status of the matter. It will not be considered excusable for students to miss vital communications because they simply don’t check mail regularly, have allowed messages to “bounce” for lack of storage space, or who simply allow too much time to elapse before checking on pending matters. § 13. Honesty and Plagiarism Students who cheat on examinations, plagiarize papers or other class assignments or commit other serious academic dishonesty will receive a semester grade of "F." In addition, students are warned that copying information from the web (or elsewhere) and passing it off as your own work, or buying fake papers from online sources, will result in a grade of F and a referral for academic discipline. § 14. Social Justice, Openness and Disability This professor is committed to social justice and open discourse. This class is expected to provide a positive learning environment based upon open communication, mutual respect and nondiscrimination. Any suggestions as to how to enhance such a positive and open environment will be appreciated and given serious consideration. Also, if you are a person with a disability and anticipate needing any type of accommodation for this class, please advise the instructor and make appropriate arrangements with the Office for Disability Services. The Struggle for Rights in America (2.2) § 15. Plan of Study: 8 Below is our plan of study. The correspondence of lessons and dates is approximate. Lecture topics could be adjusted or changed. It is the responsibility of the student to attend class and monitor the progress of the course. Dates for examinations and papers, however, are firm and will not be changed. Behold: Topic # 1 Approximate Date Jan. 5 Lecture Description and Assignment* *Abbreviation for reading materials: T = “Text” (Sigler) Course Introduction. Course Introduction. Reading: course syllabus and online “course help” (see ANGEL). INTRODUCTION: The History of Caste, and Grand Ideals of the American Experiment 2 Jan 7 . The History and Nature of Social Caste – (a) examples of castigation in Western history (Rome’s patriarchal castes; slavery in Rome and Greece; medieval Europe’s Aristocracy, Primogeniture and Feudalism); and (b) conceptualizing caste (a linear continuum? -slavery, prison, patriarchy and emancipation). The Great Ideals of the American Experiment -- (a) The social contract and inalienable liberty; (b) the codification of fundamental law; (c) the end of artificial caste; (d) the establishment of meritocracy; (e) the end of patriarchy; and (f) the establishment of the rule of law. But for whom? SECTION A: The Historic Struggle of Americans of African Descent to Obtain the American Promise, and an Analysis of Social Change. 3 Jan 9 4 Jan 12 Slavery and the American Experiment -- (a) an introduction to slavery (Rome and Greece; Spain and native peoples in Mexico, and some non-racial slavery in America); (b) racial slavery arrives in colonial America (the great contradiction, the labor market, the contract of indentured servitude, the continued labor needs and the failure of servitude arrangements, the transaction, the “triangle,” the West Indies, the statistics); (c) competing economic models (northern farms, “house slaves” and sea-port merchants; southern plantations and the single-cash crop; an alternative model – Britain and the new financial institutions); Slavery, Race and the Framers – The spectrum of racial attitudes in colonial culture versus colonial elites. An examination of famous framers with “good” records on race: (a) Hamilton (background, beliefs about slavery and economy); (b) Ben Franklin (as a teenager; his transformation upon seeing school children learn together); (c) John Adams (background and beliefs); (d) Abigail Adams (discrimination in Massachusetts schools); and (e) George Washington (background, African Americans in the Revolutionary War and at Valley Forge; moral clarity in post-war life, Martha and the “dower slaves,” Washington’s treatment of his laborers, the historic testamentary devise); An examination of a popular framer with a “bad” records on race: Thomas Jefferson (background; views about women, crime and punishment, etc.; views about race; views about slavery; Sally Hemings; indebtedness and his paradoxical view of “virtue”). Continued … (a) The Constitution (the “not-so-great” compromise; what northern delegates tended to think about slavery; colonial reaction to the compromise); (b) how the American experiment began to liberalize the north and how it cause a new pro-slavery ideology to emerge in the South; (c) , the Quaker Petition (the debate, the alignment of positions, the vote) and judging the Framers (the Joseph Ellis argument). 5 Jan 14 6 Jan. 16 The Struggle for Rights in America (2.2) 7 Jan. 19 9 Slavery, Race, Antebellum America and the Civil War – (a) contradictions in Jacksonian America (Jackson as an unabashed slave-trading populist; democracy for white males; turning the clock backward); (b) Slavery from 1800 through the antebellum south (the statistics, the ending of the slave trade, the changing market dynamics, the cotton gin, westward expansion, the Missouri Compromise, the Kansas-Nebraska Act, Dred Scott and the rise of Lincoln) The Civil War and the Correction of the Biggest Flaw in the American Experiment? Topics include: (a) Abraham Lincoln (his views); (b) the Civil War (northern attitudes, southern attitudes, African-American war service, the devastation of the war); (c) the new Amendments; (d) the gains of Reconstruction (Sojourner Truth, Lincoln tips his hat, Radical Republicans, elections in the south, America’s first civil rights law, Freedman’s Bureau, the new African American colleges; Grant and the Klu Klux Klan); and (e) a class discussion. Why did democracy fail during the Civil War? Why did America need an Equal Protection Clause in the First Place? Economics, Segregation & Discrimination – The economic situation (sharecropping and capitalism) and a class discussion. (Did it matter that the economic situation was not made noticeably better? What is the difference between the “McDonald’s Model” and the slavery experienced at, say, Mount Vernon? Are the homeless and the very poor “free” – or, better yet, what is meant by those words?) Also, the end of Reconstruction (political pressure, the Civil Rights Cases, the start of segregation, Cruishank, the defeat of voting rights and black codes). And another class discussion centered upon policy analysis (What is the reason why Reconstruction failed, and what does this say for the rule of “law” in other contexts, e.g., Iraq? – themes: law as a social construction) The Battle Against Segregation – (a) Plessy v. Ferguson; (b) intellectual-class disagreement (W.E.B. DuBois, Booker T. Washington); (c) political organization (NAACP and Thurgood Marshall; the litigation strategy); (d) social transformation (the Great Migration, Word War I and II, Jackie Robinson); (e) early litigation success (the military, graduate and law schools); (f) attacking segregation directly (Brown v. Bd. of Education – background, facts, issue -- Vinson’s death and the probable vote, re-argument, Earl Warren and Brown II). Discussion: Policy Analysis (Why was Plessy overturned? Why was the vote unanimous? What caused the Brown II opinion – and was that appropriate? What is different about America in this era compared to the late 1800s – and does that matter? What does this say about what “law” really is and what role courts play in social change? Brown v. Board of Education and the Southern Resistance. – Part I: Brown II and the Southern resistance (“Dixiecrats,” outright defiance, token compliance, “privatization”). Part II: collective political action: (a) the leaders and their philosophies (Martin Luther King Jr., Malcolm X); (b) critical events (Rosa Parks and the bus boycotts, protest and abuse, “Bloody Sunday,” etc., Kennedy – in 1960, 1963, the assassination and Johnson); (c) passage of the Act (length of the debate, pro-and-con interest groups, Senator Dirksen, the significance of the new law and of companion laws); (d) Companion Laws (housing, lending, voting, and interracial marriage); and (e) statistical evidence. Class Discussion about policy analysis. (How did this change come about? Why didn’t it come sooner? Is there a pattern that we can model? What do these lessens say about other policy change – e.g., Iraq? If you want to change a society in some fundamental way, how do you do it? What role did the courts play in the process?). Finally, an examination of statistical evidence, Gerald Rosenberg’s argument, and Alexander Hamilton’s notion of the leastdangerous branch). The Civil Rights Movement and Passage of the 1964 Act. – Part I: Brown II and the Southern resistance (“Dixiecrats,” outright defiance, token compliance, “privatization”). Part II: collective political action: (a) the leaders and their philosophies (Martin Luther 8 Jan. 21 9 Jan. 23 10 Jan. 26 11 Jan. 28 12 Jan. 30 The Struggle for Rights in America (2.2) 10 King Jr., Malcolm X); (b) critical events (Rosa Parks and the bus boycotts, protest and abuse, “Bloody Sunday,” etc., Kennedy – in 1960, 1963, the assassination and Johnson); (c) passage of the Act (length of the debate, pro-and-con interest groups, Senator Dirksen, the significance of the new law and of companion laws); (d) Companion Laws (housing, lending, voting, and interracial marriage); and (e) statistical evidence. Class Discussion about policy analysis. (How did this change come about? Why didn’t it come sooner? Is there a pattern that we can model? What do these lessens say about other policy change – e.g., Iraq? If you want to change a society in some fundamental way, how do you do it? What role did the courts play in the process?). Finally, an examination of statistical evidence, Gerald Rosenberg’s argument, and Alexander Hamilton’s notion of the leastdangerous branch). 13 Feb. 2 The Discrimination Lawsuit -- (a) the basic nature of the claim (who is protected, the definition of “discrimination” -- disparate treatment, adverse impact – damages available); (b) litigation (finding disparate-treatment evidence, burden shift). (c) a class discussion: have these laws worked (examination of labor statistics)? Statistical Reasoning and Discrimination -- applicant pool and applicant-flow data -difficulties encountered in prosecution). Affirmative Action and Other Contemporary Controversies – (a) Bakke (the arguments and the issue); (b) class discussion about the philosophic rationalizations for affirmative action (defining the concept and considering various arguments concerning its legitimacy); (c) recent cases and ballot initiatives (Grutter v. Bollinger and the threat from the new Court); and (d) test scores and the recent remarks of Bill Cosby. SECTION B: The Struggles of Women and Immigrants; of Conscience; of Sexual Orientation; and Even “Non-Persons” (fetus). 16 Feb. 9 An Introduction to the Historical Struggles of Women – (a) a philosophic discussion (How might the plight of gender be different from that of race? How are women’s issues similar or different to issues of race? An introduction to Essentialism versus Egalitarianism.); Midterm Exam, Covering Lectures 1-15; (Notes handed in after exam for grading)! Patriarchy -- the problems of patriarchal caste and the construction of identity (marriage and caste –legal disabilities, “surrogate rights,” expectations and divorce -- historical access to education; construction of identity in the 1800s – “the woman’s sphere.” – and Myra Bradwell and the Supreme Court). The Struggle for the Right to Vote – (a) the attainment of education; (b) the early years (short-lived voting in New Jersey; the Seneca Falls Convention, trying for inclusion in15th Amendment, “radical” versus moderate strategies -- NWSA and AWSA – and early court defeat, Minor v. Happersett); (b) obtaining the right to vote (western states, social protest, the progressives and Wilson, the 19th Amendment; early voting statistics). Class discussion: how is this social change similar or different to the 1964 civil rights movement? The Struggle to End Patriarchal Caste -- (a) the transformation of the construction of gender (World Wars I and II, the sixties, inclusion within the 1964 Civil Rights Act, new careers and employment statistics, and the opposition -- Phyllis Schlafly and the defeat of the ERA); (b) changes in family law (no-fault divorce, equitable distribution, the childsupport regime); (c) reproductive freedom (contraception, abortion, Roe v. Wade, Planned Parenthood v. Casey); (d) the attainment of Equal Protection (“quasi-suspect classification” and the rejection of stereotype -- Frontiero, Reed, Craig, VMI). Class 14 15 Feb. 4 Feb. 6 Exam 17 Feb. 11 Feb. 13 18 Feb. 16 19 Feb. 18 The Struggle for Rights in America (2.2) 11 discussion: What are the similarities and differences in the struggles of African-Americans and women? What caused the change in attitudes about women? How did this change come about? Why didn’t it come sooner? What role did the courts play and why? What does this say about how law and society works? 20 Feb. 20 Pushing the Envelope: Egalitarianism, Family Law, Sports and Fairness -- (a) gender issues in family law (equitable distribution of debts?; is alimony ending? the child support case of Kirk Kevorkian); (b) gender bias in awards of child custody (Do women still receive unfair favoritism in custody? Should they or is this, too, a relic of the patriarchal era? Is it okay to stereotype men but not women today? What is fatherhood?); (c) class discussion: are there any limits to egalitarianism? (Should women be drafted and serve in the same units as men? Also, a look at female athletes: Colorado place kickers, goalies in hockey, and golfers -- which leagues should they play in, and should they have choice? Finally, a look at sports programs – what is more important on campus when it is time to cut the budget: the men’s rifle team or the women’s soccer team? – a look at Title IX) The Struggles of Asian Immigrants. -- (a) early history (immigration in the late 1800s, Chinese discrimination, the Exclusion Acts, Yick Wo, Teddy Roosevelt’s tacit agreement to limit Japanese immigration); (b) the World War II internment (Pearl Harbor and the stories of Fred Korematzu, Gordon Hirabayashi and other Japanese Americans); (c) class discussion: law-and-society. (What does the Korematzu case say about the role of courts during a time of severe war – and what does this say about the concept of liberty in general?) Discrimination Against Belief. (a) religious toleration in colonial America (mandatory attendance of puritan churches, banishment, etc); (b) discrimination Against nonmajoritarian religious belief/worship (Catholics, Jews, Jehovah’s Witnesses); (c) discrimination against ideology (communists and socialists in America; McCarthyism and the witch hunt); (d) discrimination against anti-war beliefs (World War I, Espionage Act, and others). (flex day – topic or assignment announced) Introduction to the Struggles of Homosexuals – Part I: class discussion about gay rights. (How might a gay rights movement be different to the movements studied so far? Is there a difference in the kind of rights or claims being asserted? What is the difference -- does it matter or is it constructed for some other purpose? What is the definition of “gay?” (If Mick Jagger had sex with Davie Bowie one time, would that make Mick “gay?)” Part II: an Introduction to the science of sexual orientation. (What is homosexuality and what does science know about it? – the hypothalamus, fingerprint evidence, manufacturing gay sheep in the laboratory, the “hormone cocktail” theory of sexual programming in the developing fetus). Part III: class discussion. (What is relevance of the scientific evidence. Does it even matter and if so, how? Who does it benefit? How will it impact the policy discussion? How might this evidence be used to advantage or disadvantage the rights struggle? The Struggle for Gay Rights -- (a) the history of homosexuality (Greece and Rome; psychology in the 1950s, bar fights in New York, gay parades, “outings,” lynchings and beatings); (b) class discussion. (What problems does this cause face in terms of generating a successful rights movement? What is its largest impediment to its success? - Compare the political psychology of race and the problem of social distance. How might this problem be overcome?). Finally, a look at the gay rights movement and what gay marriage may mean for the overall struggle. Is gay marriage to this struggle what voting was for women’s equality? Policy Analysis: what period, if any, is the Gay rights movement in right now? The Legal Issues. (a) homosexual sex (Bowers v. Hardwick and Lawrence v, Texas); and (b) gay marriage (Full Faith and Credit, the Defense of Marriage Act, recent legal victories and setbacks); Are the courts doing the right thing? 21 Feb. 23 22 Feb. 25 Feb. 27 23 March 2 24 March 4 25 March 6 The Struggle for Rights in America (2.2) 26 March 9 12 The Struggle of Native Americans -- (a) introduction (what makes this problem different than the others?); (b) disease and death (Europe and disease in the middle ages, the Aztec culture in the middle ages; the exposure of Natives to disease -- types of diseases and estimated death); (c) colonial America (the myth of a united native population – tribes, “confederations” and conflict; and mutual benefit from trade); (d) examples of colonial conflict (playing both sides of the European wars; Washington and the French/Indian War; the ambush of a British Garrison); (e) conflict in the 1800s (Andrew Jackson, Georgia and the Trail of Tears; Custard and the end); (f) special topic – peyote (Oregon v. Smith). The Fetus as a “Person” and Animal Rights. A philosophic look at anti-abortion claims, and an introduction to scientific reductionism and the mind/body problem. Also, a look at how other court decisions in the area of assisted suicide are similar with Roe, and how a theory of consciousness, not reductionism, best explains how assisted suicide, animal rights and abortion might all fit together in the same philosophic paradigm. Final Exam, Covering Lectures 1 & 16-27. (Notes handed in for grading!) 27 March 11 Exam March. 13 The Struggle for Rights in America (2.2) § 16. Caveat 13 This syllabus should not be read as a communication which would cause the student to believe that he or she has the power to accept as an offer anything contained herein. The syllabus is not a contract; it is only a good faith estimation of what may or may not occur in the class. Similarly, students are now warned that they should not reasonably rely to their detriment on anything contained in the syllabus, as the instructor explicitly reserves the right and discretion to modify lawfully anything contained herein by his own unilateral act without regard to the expectations students may have formed by reading this document. ... ah, in other words: what the creator giveth, he taketh away.