Gender&Law

Gender and the Law
Spring 2003
M/W 2:50-4:10 pm

Instructor: Michelle Meloy, Ph.D.
Office: 359 Armitage Hall
Phone: (856) 225-6455
Office Hrs: Monday from 1:00 pm to 2:00 pm; Wednesday from 4:30 pm to 5:30 pm and by appointment
E-mail: mlmeloy@camden.rutgers.edu

REQUIRED TEXTS

Gender Through The Prism of Difference edited by Maxine Baca Zinn, et al.

Men’s Lives by Michael Kimmel and Michael Messner

Women, Law, & Social Control by Alida Merlo and Joycelyn Pollack

COURSE DESCRIPTION

In this course we will specifically explore the legal construction of gender and how traditional images of men and women influence the creation of law; and in turn, how law reinforces gender stereotypes. The construction of gender is important because it influences our identities, our social location and our relationship to social power. However, it is not enough just be aware of the centrality of gender in our everyday lives. We must also explore how people of color and varying ethnicities and socio-economic groups of men and women experience what it means to be a “man” or “woman.” In other words, men of color and poor men may experience their gender differently than white men or wealthy men and so on.

Gender also plays a pivot role in the criminal justice system. Criminal justice professions, criminal offending and criminal victimization are all influenced by gender and gender stereotypes. We will look at the social, cultural and biological factors believed to influence how men and women act -- most specifically with regard to crime and justice. We will also critique the social cues that teach us how to “do” our gender and examine the possible consequences for those who fail to conform to these socially prescribed gender norms.

Examinations: There will be three examinations in this course (each worth 20% of your final grade for a total of 60%) designed to test your understanding of the discussions, readings, and supplemental material. Exams may consist of multiple choice, true & false questions, and perhaps an essay question. The final exam will NOT be cumulative.
No make up examinations will be permitted except for emergency situations. Situations that qualify as an emergency are dictated by university standards and must be accompanied by appropriate documentation. The format of make up exams may vary at the discretion of the instructor and may include but are not limited to essay and oral examination. Exam grades will be computed as follows: 90-100% = A; 89-85% = B+; 84-80=B; 79-75% = C+; 74-70%= C; 60-69% = D. 59% and lower is failing.

Grading: As mentioned previously, each exam is worth 20% of your cumulative points for a total of 60% of your final course grade. In addition to taking objective examinations, you will be required to write 2 short reaction papers. Each reaction paper is worth 15% of your cumulative points for a total of 30% of your final course grade. Further detail will be provided in class in regard to the expectations for the reaction papers. Class participation and attendance constitutes 10% of your final course grade.

Exam I 20%
Mid-Term Exam 20%
Final Exam 20%
Reaction Papers 30%
Participation 10%

Academic Dishonesty: This includes plagiarism. Under no circumstances will academic dishonesty be tolerated. Academic dishonesty includes cheating on exams, helping another cheat in any way or taking someone else’s work and passing it off as your own. Recently, plagiarism from the internet has become an increasing problem. Every semester I find students who are found in violation of the academic dishonesty standards set forth in the Rutgers University handbook and reiterated on the sociology homepage http://sociology.camden.rutgers.edu . All violations of academic dishonesty will immediately be referred to Rutgers University officials. The specific rules governing academic dishonesty are addressed in the University undergraduate catalog and student handbook. Sanctions range from failing the course to expulsion.
Course Outline and Reading Assignments: This is a general outline and is subject to change based on the discretion of the instructor. You are responsible for mastering the material contained in the assigned readings whether or not they are explicitly discussed in class. Remember, 10% of your final course grade will come from your classroom participation. Therefore, you are expected to come to each class having read the assigned work and prepared to discuss its significance with regard to criminal justice and the law.

Section I

Week 1 (January 20): Class Introduction
No assigned readings

Week 2 (January 27): Landmark U.S. Supreme Court Cases: Constructing –and Reconstructing-Gender through Case Law
Merlo & Pollock (pgs): 3-35

Lecture Notes

Dred Scott v. Sanford (1857)
Bradwell v. Illinois (1873)
Minor v. Happersett (1875)
Plessy v. Ferguson (1896)
Lochner v. New York (1905)
Muller V. Oregon (1908)

Week 3 (February 3): Historical Perspectives on Gender

Merlo & Pollock (pgs): 3-35
Zinn et al. (pgs.): 13-22 and 30-41 and 49-62
Kimmel & Messner (pgs.): 17-23
Reserve Reading (Muraskin/Koser-Wilson) (pgs.) 12-29
Reserve Reading (Muraskin/Fishman) (pgs.) 30-49

Week 4 (February 10): Gender, Identity & Sexuality Construction

Zinn et al. (pgs.): 87-103 and 155-167 and 168-170 and 205-210
Kimmel & Messner (pgs.): 4-16 and 73-87 and 88-99 and 188-201

Week 5 (February 17): Gendered Crime and the Law: Victimization Patterns

Merlo & Pollock (pgs): 179-202
Zinn et al. (pgs.): 129-137 and 138-147
Kimmel & Messner (pgs): 167-177
Reserve Reading (Muraskin/Miller) (pgs): 307-329
Reserve Reading (Muraskin/Joseph) (pgs): 349-362
Reserve Reading (Renzetti/Goodstein) (pgs.): 1- 10

Week 6 (February 24): Gendered Crime and the Law: Victimization Patterns

*Week 7 (March 03): Review & Exam

Exam I: Wednesday March 5th

Section II

Week 8 (March 10): Gendered Crime and the Law: Offending Patterns

Merlo & Pollock (pgs.): 203-217 and 219-237
Zinn et al. (pgs.): 126-128
Reserve Reading (Muraskin/Meyer and Weishart) (pgs.): 497-513
Reserve Reading (Muraskin/Mahan) (pgs.): 469-484
Reserve Reading (Muraskin/Kempf-Leonard) (pgs.): 544-569

Week 9 (March 17): Spring Break!!!

*Week 10 (March 24): Gendered Crime and the Law: Offending Patterns

Reaction Paper # 1 Due Monday March 24th

Week 11 (March 31): Regulating Our Bodies & The Law

Merlo & Pollock (pgs.): 135-153
Zinn et al (pgs.): 123-125

Reserve Reading (Muraskin/Humphries) (pgs.): 99-116
Reserve Reading (Muraskin/Luxenburg) (pgs.): 117-128
Reserve Reading (Renzetti/Sanchez) (pgs.): 60-76

*Week 12 (April 7): Review and Mid-term Exam

Mid-term Exam Wednesday April 9th

Section III

Week 13 (April 14): Sexual Harassment & U.S. Supreme Court Case Law

Merlo & Pollock (pgs.): 55-77
Zinn et al (pgs.): 372-387 and 409-428
Reserve Reading (Talbot) (pgs.) 1-11

Burlington Indus v. Ellerth (1998)
Faragher v. City of Boca Raton (1998)
Oncale v. Sundowner Offshore Services, Inc. (1998)

Week 14 (April 21) Gender and Occupations

Kimmel and Messner (pgs.): 211-224 and 225-241
Merlo & Pollock (pgs.): 41- 54 and 79-95 and 97-116
Zinn et al. (pgs.): 357-371 and 401-408
Reserve Reading (Muraskin/Miller) (pgs.): 413-428

*Week 15 (April 28) Gender and Occupations

Kimmel and Messner (pgs.): 211-224 and 225-241
Merlo & Pollock (pgs.): 41- 54 and 79-95 and 97-116
Zinn et al. (pgs.): 357-371 and 401-408
Reserve Reading (Muraskin/Miller) (pgs.): 413-428

Reaction Paper # 2 Due Monday April 28th

Week 16 (May 5): Gender & Legal /Policy Implications

Kimmel & Messner (pgs.): 527-551
Zinn et al. (pgs.): 503-521

Week 17 (May 14): FINAL EXAM WEDNESDAY MAY 14TH @ 9:00 AM