Constitutional Issues in Family Law, Gender & Sexual Orientation Courses

The seminar will examine the role of the courts in both enabling and hindering the remarkable social/political/cultural shifts that have made it possible for many lesbian, gay, bisexual and transgender Americans to participate more fully in our common life while being as open as they choose about who they are, creating for many of us a changed landscape impossible to have imagined a just a few decades ago. The First Amendment will be a primary focus, although the questions posed will inevitably spill over into considerations of the Due Process and Equal Protection provisions of the Fourteenth Amendment. Our perspective will be critical, recognizing evolving openness in the courts where it appears and at the same time calling out the conscious, unconscious and systemic bias that continues to pervade the law. The plan is to begin with the unlikely emergence of the First Amendment as a friend to LGBT folk in the otherwise hostile legal landscape of the Fifties. Then, we will track how, fertilized by the African-American civil rights and feminist movements of the Sixties and early Seventies, the right to speak burgeoned into the right to participate openly in civic venues that were formerly off limits. We will look at how, and to what extent, the role of the state as guardian of gender conformity lost much of its power to impede openness and equality for people who had historically been regarded as simply beyond the pale of community. We will examine the "red lines" that queer people were forbidden to cross, like the scouts, the military, athletics, parenting and marriage; and the extent to which those lines have eroded or become more rigid. We will assess the "blowback," such as the spate of laws forbidding discussion of sexual orientation and gender identity in the schools; laws targeting transgender individuals; and the increasing use of the First Amendment to create exemptions to public accommodation laws. Finally, we will think together about the advantages and possible drawbacks of the strategies employed to advance equality for LGBTQ folks as these strategies relate to the larger struggle for human liberation and for the fostering of an environment that makes it easier for the planet and its inhabitants to thrive. To help facilitate this discussion, one or more sessions will, if feasible, include practicing attorneys working in this area of the law. There will be final paper in lieu of an examination. Grades will be based on the paper and class participation, including weekly response papers to the material covered in our weekly sessions. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for

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FALL 2025: LAW JD 911 A1, Sep 2nd to Dec 19th 2025

This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. The course aims to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, and trusts and estates, and how family law draws on the social sciences. We will examine the role of family law in contributing to and ameliorating inequalities in society on various bases, including gender, race, class, and sexual orientation. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in family law practice. Topics include defining and regulating family (including marriage and parenthood); formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and the transformation of the common law; marital agreements; intimate partner violence; traditional and "no-fault" divorce; property division; spousal support; child support; child custody; and the family regulation system. The teaching method is a combination of lecture and class discussion, along with in-class small group problem-solving exercises.

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FALL 2025: LAW JD 814 A1, Sep 2nd to Dec 19th 2025

This seminar examines the development of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It also includes some consideration of global feminism. The seminar takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between social movements for equality and the development of feminist legal theory. Students will gain familiarity with the relationship between feminist jurisprudence and other forms of critical theory, such as masculinities theory, Queer Theory, and transgender theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories, in view of differences based on class, ethnicity, race, gender identity, and sexual orientation and in view of critiques of identity categories. Topics covered vary, depending on student interest, but typically include some of the following: formal and substantive equality; antiracist feminism; legal regulation of sexuality, pregnancy, reproduction, family, and marriage; work/life issues; employment discrimination (including sexual harassment); gender and political leadership and representation; pornography; social welfare policy; violence against women; war and military service; and global feminism and international human rights. Students may write a research paper or two shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. Some short reflection papers are also required. *** This seminar is one of the required courses for the Reproductive Justice and Rights track within the Health Law Concentration. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. Gender scholars highlight the need for an intersectional approach to gender, even as some scholars question the continuing use of gender and other identity categories in law and policy. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but have included: anti-discrimination law, criminal law, elder law, employment law (including sexual harassment law), First Amendment (speech and religion and objections to antidiscrimination law), gender identity issues (including transgender rights), health law, international human rights, the intersection of race and gender, law and sexuality, privacy law, reproductive justice, health, and rights, and gender-based violence. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one or more of the seven works. Interested faculty are invited to attend sessions when speakers present their work. UPPER-CLASS WRITING REQUIREMENT: With the instructor's permission, the longer paper written for this class may be used to partially satisfy the Upper-Class Writing Requirement. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

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SPRG 2026: LAW JD 798 A1, Jan 12th to Apr 22nd 2026

This course explores the interactions between gender, sexual orientation, and the law in the United States, historically and contemporaneously. Over the course of the semester, students will gain a critical understanding of how doctrines of positive rights, conduct, privacy, and equal protection have shaped views on gender and sexual orientation across time, and how the latter have likewise shaped the former. Looking through the lens of modern legislation, litigation, and the lived experiences of LGBTQ people in the United States, students will develop their own theories of law regarding gender and sexual orientation--theories of law that will hopefully be applicable throughout their careers as legal professionals. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement.

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In the United States, and around the world, many people still suffer from basic lack of access to sexual and reproductive health services. This course explores the role of law in understanding the distribution of access to SRH services and care. We will draw on various theoretical and doctrinal tools including critical legal theory, critical race theory, sociology of science, human rights, feminist theory, and a range of public health methods to understand the current state of the law and the possibilities and limitations of legal reforms. The course will foreground issues of race and reproduction as well as the politics of public health law (including the role of scientific evidence and medical expertise in courts). We will examine various sites of lawmaking including courts and legislatures and we will pay attention to the legal reforms offered by social movements both for and against greater access to services and care.

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FALL 2025: LAW JD 775 A1, Sep 2nd to Dec 19th 2025