Liberty and Justice: Race, Ethnicity, and Gender in American Law

PHIL 451-IC/HD -- Spring 2010

Julie Van Camp, Professor of Philosophy, California State University, Long Beach

Monday: 7:00-9:45 pm -LA5-246

Course Syllabus
Texts:

Ethical Issues in the Courts: A Companion to Philosophical Ethics, 2d. ed., Julie Van Camp (Wadsworth Publishing Company, 2006)

Supplementary Readings, University Bookstore [page numbers are to supplement, unless otherwise indicated]

Introduction to the Course
CLASS MEETINGS: LA5-246	ACTIVITY POINTS**
Monday, January 25

Issues for the Course (7)
How to Read a Court Decision (Ethical Issues,

166)
Philosophy: A Brief Guide (10)
Structure of the Court System (25)

Post comment on the Beachboard discussion board introducing yourself, major, career goals

(2 points)

DEADLINE: Monday, 2/1 - 9 am
I. Introduction to the nature of "justice"
Development of working senses of "justice" for use throughout the course,

with special attention to issues of race, ethnicity, and gender
Monday, February 1

United States v. The Amistad (27)

Thomas Jefferson on Slavery (34)	On-Line Quiz on Course Plagiarism policy

(4 points)

DEADLINE: Monday, 2/8 - 9 am
Monday, February 8* [A-1]

"Justice and Utility," J. S. Mill (40)

Up to 3 points for participation in discussion (threaded Discussion Board):

readings for 2/1 & 2/8

DEADLINE: Monday, 2/15 - 9 am
Monday, February 15* [A-2]

"The Constitution and the Subgroup Question,"	Martha Minow (45)

"Justice and Nature," Thomas Nagel (48)	Short Paper assignment posted on Beachboard

DUE: Monday, 2/22-7:00 pm

(Beachboard Dropbox)
II. Making Distinctions by Race, Gender and Ethnicity in the Law
How the law historically has identified and distinguished

races, ethnic groups, and gender
Monday, February 22* [A-3]

Scott v. Sandford (56)

Korematsu v. U.S. (Ethical Issues, 113)	On-Line Quiz: readings for 2/22 (4 points)

DEADLINE: Monday, 3/1 - 9 am
Monday, March 1* [A-4]

Bradwell v. State of Illinois (65)

Muller v. Oregon (71)

Geduldig v. Aiello (74)	4 points for Brief of Loving V. Virginia

(case assigned for 3/8)

DEADLINE: Monday, 3/8 - 9 am
Monday, March 8* [A-5]

"Racial Formation in the United States,"

Omi (80)

"Federal Data on Race and Ethnicity," OMB (84)

Loving v. Virginia (Ethical Issues, 37)	3 points for participation in discussion (threaded Discussion Board): readings for 3/8

DEADLINE: Monday, 3/15-9 am
III. Implementing distinctions by race, ethnicity, and gender
Different ways in which distinctions have been implemented in the law
Monday, March 15* [A-6]

Strauder v. West Virginia (89)

"Democracy in America," de Tocqueville (93)

Michael M. v. Sonoma County

(Ethical Issues, 132)

U.S. v. Virginia (Ethical Issues, 134)

Plyler v. Doe (Ethical Issues, 26)	4 points for On-Line Quiz: readings for 3/15

DEADLINE: Monday, 3/22 - 9 am
Monday, March 22

Mid-term Exam

7:15 - 9:15 pm	In-class open-book essay exam: You may write your exam in a bluebook or on a laptop in our classroom (Word or Wordperfect)
Monday, March 29: NO CLASS	Spring Break
Monday, April 5: NO CLASS:	State Budget Furlough Day
IV. The Meaning of "Equal Protection"
Should distinctions by race, ethnicity, and gender be eradicated?

Are they ever justified?
Monday, April 12* [A-7]

"Reconstruction," Fredrick Douglass (101)

Civil Rights Cases (104)

Plessy v. Ferguson (Ethical Issues, 115)

Brown v. Bd. of Education (Ethical Issues, 117)

Up to 4 points for briefing any one case assigned for 4/12

DEADLINE: Monday, 4/12 - 9 am
Monday, April 19* [A-8]

Minor v. Happersett (112)

Reed v. Reed (118)

Frontiero v. Richardson (120)	4 points for On-Line Quiz: readings for 4/12 & 4/19

DEADLINE: Monday, 4/26 - 9 am
Monday, April 26* [A-9]

"Feminism, Law, and Bioethics," Rothenberg (126)

Cal. Federal v. Guerra (Ethical Issues, 128)

International Union, UAW v. Johnson Controls (Ethical Issues, 129)

Up to 3 points for participation in discussion (threaded Discussion Board): readings for 4/26

DEADLINE: Monday, 5/3 - 9 am
Monday, May 3* [A-10]

"Reverse Racism," Stanley Fish (131)

"Affirmative Action," Owen M. Fiss

(138)

Regents of the University of California v. Bakke (Ethical Issues, 118)	4 points for On-Line Quiz: readings for 5/3

DEADLINE: Monday, 5/10 - 9 am

Monday, May 10* [A-11]

Testimony: Judiciary Committee, Linda Chavez (141)

Coalition v. Pete Wilson (Ethical Issues, 126)

Grutter v. Bollinger (147)
FINAL EXAM: Monday, May 17: 7:15-9:15 pm

*In-class attendance points available for these class meetings.

**For more details on the activity points, please see Course Requirements and Grading.