LES 447 Women in American Law Final Reflective Essay After reflecting on the work that you’ve done and the ideas you’ve grappled with this semester, you should use this essay to explai

LES 447 – Women in American Law

Final Reflective Essay

Due to Canvas by Saturday, December 9th at 5:00 PM

After reflecting on the work that you’ve done and the ideas you’ve grappled with this semester, you should use this essay to explain what your most significant takeaway from the course will be. Explain what – to you – is the most meaningful concept or important skill that you will take with you going forward.

Your essay should be 2-3 double-spaced pages and is worth 10% of your final course grade. You should use APA-style citations to cite any sources. The pages of your essay should be numbered. Your essay should have a title, but you do not need to include a separate title page. You should not draw on outside research for this assignment.

Be in touch with any questions!

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Course Description:

This course is about women, gender, and the law in the United States. Gender refers to our notions about femininity, masculinity, and the supposed differences between them. In our course, we will consider how ideas about gender have shaped law. Conversely, we will examine how ideas about gender have been constructed through law. At the same time, we will think about the way that our ideas about gender have been simultaneously bound up in ideas about racial and sexual difference. We will see that our ideas about gender, race, and sexuality are not static, but change dynamically over time. Law may not immediately or always reflect those changes, but in other instances it might be the vector for institutionalizing these changes. Finally, we will examine how the weight of past relationships between gender, race, sexuality, and the law continue to shape our present. As we interrogate these key questions, particular topics that we will examine include: family and the home, labor and workplace discrimination, sexual harassment and violence, reproductive rights and justice, and criminalization and policing.

Our course will examine law in action. This means that we will consider statutory laws and the lawsuits and trials that test those laws. We will also consider the social origins of laws as well as their social impacts. Finally, we will consider the political struggles to create or transform law. In addition to our core texts, we will analyze the Constitution, statutes, trial transcripts, legal briefs, and opinions.

Learning Goals:

By the end of the semester, successful LES 447 students will:

Be able to explain how gender inequalities have been created and reinforced through law and legal processes and they will also be able to explain how law has served as a medium for challenging dominant ideas about social difference and hierarchy;

Be able to understand that ideas about gender intersect with ideas about other categories of difference and they will understand that ideas about social difference are contested and change;

Be able to formulate their own interpretive arguments and be able to support them with evidence drawn from primary and secondary source research;

Develop their skills in reading, notetaking, critical thinking, and argument-based based writing.

Course Requirements:

Participation and Attendance (20% of your final course grade): To succeed in this course you must be in class, and you must participate actively. You will need to complete each day’s reading prior to class, so that when you come to class you are prepared to learn and converse. Ask questions. Be curious. Offer an interpretation that differs from mine or from that of your classmates. Bring our attention to a particular passage and explain why you think it is relevant to the current discussion. Listen actively. Make connections with other readings. Contribute to group activities. Be ready to learn from your colleagues and help them to learn from you.

5 Response Papers (50% of your final course grade): To be a lawyer (in fact, to be successful in most professions), there are some important skills that you must develop. You need to be able to identify the argument of a text, understand how its argument is constructed, and be able assess its strengths and weaknesses. It’s also important that, in reading across texts, you are able to identify the common questions and problems they raise. And, finally, it’s important that you are able to construct arguments of your own in which you provide and support your own interpretive answers to those questions. These are the skills you will be developing through your response papers. You’ll be completing five response papers over the course of the semester, and each one provides an opportunity to display the way that you are developing and honing these skills. More information about this assignment is posted to Canvas.

1 Final Reflective Essay (10% of your final course grade): This is an opportunity for you to assess your intellectual growth in the course. Through it, you will reflect on what – for you – will be the most important takeaways from the course. More information about this assignment is posted to Canvas.

1 Final Research Essay

Due Dates and Breakdown of Grade Distribution:

LES 447 Assignment	Due Date	Percentage of Final Grade
Participation	Throughout the semester	20%
Response Papers (5), 2 pages each	You’ll sign up to write a response paper during 5 different weeks. You’ll submit each paper by 5 PM on the following Monday	50% (10% each)
Final Reflective Essay, 2-3 pages	Saturday, December 9th at 5 PM	10%
Final Response Paper, 5-6 pages	Friday, December 15th at 5 PM	20%

Required Texts:

· Kathleen M. Brown, Good Wives, Nasty Wenches, and Anxious Patriarchs: Gender, Race, and Power in Colonial Virginia (University of North Carolina Press, 1996).

· Laura F. Edwards, Only the Clothes on Her Back: Clothing and the Hidden History of Power in the Nineteenth Century United States (Oxford University Press, 2022).

· Leslie J. Reagan, When Abortion Was a Crime: Women, Medicine, and the Law in the United States (University of California Press, 2022).

· Rosalind Rosenberg, Jane Crow: The Life of Pauli Murray (Oxford University Press, 2017).

· Carolyn Chalmers, They Don’t Want Her There: Fighting Sexual and Racial Harassment in the American University (University of Iowa Press, 2022).

** Final Reflective Essay Due – Saturday, December 9th at 4 PM **

**Final Response Paper – Friday, December 15th at 4 PM**

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Response Paper (Week 7)

Janet Olujide

Prof. Brooke

LES 447 – Women in American Law

October 16, 2023

What were the reasons for the late 19th and early 20th century legislative mandates for racial segregation in public transportation, as opposed to custom and common law regulations? Additionally, what effects did this change have on the African-American community?

A complex interaction of social, political, and economic forces led to the transition from controlling segregation in public transit through custom and common law to legislated segregation (Welke, 1995). The ambitions of African American women and men for equality challenged the common law basis for segregation in the immediate post-emancipation period, which permitted carriers to separate passengers based on factors like sex. The system of white supremacist dominance that was in place in the South was seriously threatened by these legal challenges brought forth by African-American passengers, particularly women (Welke, 1995).

This Article has instances that bolster the answer to this question. Cases such as the one involving Anna Williams challenging the Chicago & Northwestern Railroad and the one involving Mary Miles demonstrate how African-American women asserted their entitlement to equal accommodations by utilizing the then-existing common law of carriers, which permitted gender-based separation. The deeply ingrained practices of segregation and the notion that black women could not be regarded as "ladies" were severely challenged by the court's affirmation of this right (Welke, 1995).

However, white society's dedication to upholding white supremacy—particularly the idea of white womanhood—became more apparent as racial tensions escalated (Welke, 1995). Carrier financial interests depended on both white and black passengers, which put them in a precarious position. They came to an agreement that respectable black women could ride in the ladies' automobile, especially if they were going alone. However, the ideology of racial supremacy could not live with this accommodation. Southern governments were ultimately forced to enact laws requiring racial segregation in the late 1880s and early 1890s by social standards, the protection of white femininity, carriers, and courts (Welke, 1995).

This change is important because of what it means for the African-American community. African Americans' civil rights clearly regressed with the shift from common law to statutory segregation (Welke, 1995). African Americans, particularly women, have had the opportunity to question the established racial hierarchy thanks to the common law legal framework. Their rights and opportunities were restricted by the move to statutory segregation, which represented a more ingrained system of discrimination. It illustrated the extent of white supremacy is ingrained and the difficulties that African Americans faced in securing their rights in the South after emancipation (Welke, 1995).

Ultimately, an in-depth understanding of the evolution of racial segregation and its effects on the African-American community during this period of time can be gained from the response given above. It draws attention to how social, legal, and economic variables interacted to shape this momentous historical change (Welke, 1995).

References

Welke, B. Y. (1995). When all the women were White, and all the Blacks were men: Gender, class, race, and the road to Plessy, 1855–1914. Law and History Review, 13(2), 261-316.

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Response Paper (Week 10)

Janet Olujide

Prof. Brooke

LES 447 – Women in American Law

November 6, 2023

What were the reasons for the development of therapeutic abortion committees and the transition from controlling abortion practice through "kindly counsel" to the legislated oversight of these committees in hospitals during the mid-20th century? How did this transition impact the medical practice and the doctor-patient relationship, particularly for women seeking therapeutic abortions?

A multifaceted interplay of medical, legal, and social factors led to the establishment of therapeutic abortion committees and the shift from informal "kindly counsel" to formal legislative oversight (as discussed in Chapter 6). The initial impetus for therapeutic abortion committees, such as the one created by Florence Crittenton in 1940, was the challenge of convincing doctors to restrict therapeutic abortions for "preferred patients" (Reagan, 2022). Some physicians practiced therapeutic abortions based on humanitarian motives and individual patient needs, causing concerns about professional judgment lapses and the ambiguous nature of the law (Reagan, 2022).

Several cases, like the one involving Anna Williams challenging racial segregation in public transportation, demonstrated that social forces influenced the trajectory of abortion regulation. Just as African-American women asserted their right to equal accommodations through legal challenges, physicians encountered resistance as their practice came under scrutiny (Reagan, 2022). It is crucial to examine these parallels as they reflect the broader socio-legal context of the time.

Yet, the increasing significance of preserving the prevailing racial and gender-based hierarchies became evident as tensions escalated (Reagan, 2022). Hospitals, just like transportation carriers, had a complex set of financial interests, and their decisions on therapeutic abortions were influenced by a delicate balance of these interests. This transformation revealed the growing influence of the societal commitment to upholding white supremacy and the ideals of white womanhood. Hospitals, too, grappled with financial considerations, needing to cater to both white and black patients. This economic vulnerability further contributed to the transition towards legislative oversight, driven by the need to protect established racial and gender hierarchies, affecting the African-American community and women's reproductive rights.

This transition had profound effects on the doctor-patient relationship, especially for women seeking therapeutic abortions. Previously, physicians held the autonomy to decide based on their best medical judgment, which considered not just the medical indications but the broader life context of the patient (Reagan, 2022). The shift to therapeutic abortion committees meant that women seeking these procedures needed to navigate a more complex and bureaucratic process where decisions were subject to peer review.

The change from informal medical judgment to formal oversight had far-reaching implications. It symbolized the entrenchment of a more conservative medical approach to abortion, limited the number of therapeutic abortions, and restricted the rights and opportunities for women, particularly those who needed therapeutic abortions (Reagan, 2022). It illustrated the enduring grip of conservative medical views and the difficulties faced by women in securing their reproductive rights in the mid-20th century.

In conclusion, an analysis of the evolution of therapeutic abortion committees and their impact on the doctor-patient relationship reveals a complex interplay of social, legal, and medical factors. This transition reflected the broader historical context and the challenges faced by women seeking therapeutic abortions during this era.

References

Reagan, L. J. (2022). When abortion was a crime: Women, medicine, and law in the United States, 1867-1973, with a new preface. University of California Press.

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Response Paper (Week 13)

Janet Olujide

Prof. Brooke

LES 447 – Women in American Law

November 27, 2023

Why did grassroots feminist initiatives emerge in response to professional efforts to reform abortion laws in the 1960s, and what do their motivations reveal about the limitations of the professional discourse on abortion?

The 1960s witnessed a complex interplay between the professional discourse on abortion reform, primarily led by medical and legal experts, and the emergence of grassroots feminist movements, such as the Society for Humane Abortion (SHA) and "Jane." This dynamic intersection raises the interpretive problem of understanding why these grassroots initiatives surfaced as a response to the established professional framework and what their motivations reveal about the limitations of the top-down approach to abortion reform (Reagan, 2022).

The professional discourse on abortion reform during this period primarily revolved around legal exceptions and medical justifications for the procedure. However, despite efforts to address the issue from a legal and medical standpoint, the experiences of women seeking abortions often fell through the cracks. The grassroots feminist movements recognized the need for a more comprehensive approach that incorporated the lived experiences and autonomy of women. Their motivation stemmed from a lack of representation for women's voices in a male-dominated profession, sidelining their perspectives and neglecting the broader social, economic, and political factors influencing reproductive rights.

The SHA, initially supportive of reform legislation, underwent a transformative shift under the leadership of Patricia McGinnis. The movement's motivations stemmed from a desire to empower women, recognizing that the professional discourse often overlooked women's agency in decision-making (Reagan, 2022). Grassroots initiatives like the SHA sought to place women at the forefront of the abortion narrative, challenging the traditional hierarchies embedded in medical decision-making. The emergence of "Jane" in Chicago further exemplifies the motivation to resist traditional power structures within the medical establishment. Rejecting the conventional authority associated with medical professionals, "Jane" opted for a feminist-led healthcare system. This move was symbolic, leaving the traditional medical hierarchy represented by white lab coats and establishing an alternative space where women's autonomy was prioritized.

Moreover, grassroots movements critiqued the limitations of top-down approaches advocated by the professional discourse. The SHA, for instance, rejected the idea of review boards and committees, highlighting the movement's belief that a woman's decision regarding abortion should not be subjected to judgment by external medical authorities. This critique signaled a broader dissatisfaction with the exclusive focus on legal and medical justifications in the reform efforts. Ultimately, the motivations behind grassroots feminist movements have broader implications for the understanding of abortion reform. They reveal the inadequacies of a framework that prioritizes legal exceptions and medical justifications while sidelining the autonomy and agency of women.

The interpretive problem provides insight into the need for a more comprehensive and nuanced approach that considers the lived experiences of women seeking abortions. The emergence of grassroots feminist movements like the SHA and "Jane" in response to professional efforts to reform abortion laws in the 1960s can be attributed to a desire to empower women, resist traditional power structures within the medical establishment, and critique the limitations of top-down approaches. These movements, motivated by a commitment to women's autonomy, reveal the inadequacies of a professional discourse that often sidelines women's experiences (Reagan, 2022). Understanding the motivations of grassroots initiatives is essential for a more holistic approach to abortion reform that recognizes the agency and autonomy of women in shaping policies and practices.

References

Reagan, L. J. (2022). When abortion was a crime: Women, medicine, and law in the United States, 1867-1973, with a new preface. University of California Press. https://publishing.cdlib.org/ucpressebooks/view?docId=ft967nb5z5;brand=ucpress

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Response Paper (Week 9)

Janet Olujide

Prof. Brooke

LES 447 – Women in American Law

November 6, 2023

Why did physicians in the early 20th-century transition from regulating abortion through common practice and custom to formal medical specialization, and what implications did this shift have on the healthcare landscape for women seeking abortions?

The transition from controlling abortion practices through common law and custom to formal medical specialization in the early 20th century was not a singular event but rather the result of a complex interplay of social, political, and economic factors. This shift was motivated by several key factors, the most notable being the increasing demand for abortion services among women. As described in Chapter 5 “Expansion and Specialization," this growing demand led physicians to professionalize abortion services, ensuring safer procedures and women's access to specialized care.

During the late 19th and early 20th centuries, women seeking abortions faced significant health risks and legal consequences. The absence of proper medical oversight, coupled with the generally unregulated and clandestine nature of abortion, placed women in vulnerable positions. The demand for abortion services was primarily driven by women's reproductive choices, family planning, and the desire to control their destinies (Reagan, 2022). However, the lack of regulation and oversight meant that many unsafe and dangerous procedures were conducted, endangering women's lives.

This transition allowed physicians to gain expertise and build specialized equipment, ultimately improving the safety and accessibility of abortions for women. These specialized practitioners developed their instruments and techniques, often taking steps to maintain anonymity while building a clientele. "Expansion and Specialization" describes physicians like Dr. Josephine Gabler, who specialized in providing abortions to thousands of women during this period. Dr. Gabler's clinic, later run by Ada Martin, became a case study in the expansion of a specialty practice in abortion care (Reagan, 2022). It is in such clinics that the inner workings of these healthcare institutions that have provided crucial reproductive services to thousands of women for decades can be observed.

Furthermore, the rise of women's movements advocating for reproductive rights played a significant role in this transition. These movements challenged the traditional practices surrounding abortion and aimed to secure women's autonomy in reproductive decisions. Physicians who specialized in abortion were often more responsive to the demands of their female patients, even for illegal procedures, a reflection of women's growing influence in healthcare decisions.

This shift had far-reaching implications. On the one hand, it led to a more formalized and safer healthcare system for women seeking abortions, and these specialist physicians were well-connected and trusted by their peers. The medical profession unofficially recognized abortion as a specialty, with many doctors referring patients to physician-abortionists who had the expertise and equipment for safe procedures (Reagan, 2022). Patients could now access skilled practitioners, and physicians could confidently refer them to trusted colleagues. In numerous cities and small towns, physician-abortionists became a familiar presence, making abortion services more accessible. On the other hand, it highlighted the tenuous legality and ethical ambiguity surrounding abortion during this time, as physicians often operated in a legal gray area. Although they performed abortions, physician-abortionists blurred the line between what was considered therapeutic and what was illegal. As long as they received referrals from other physicians, practiced safely, and avoided police interference, they could argue that the abortions were therapeutic. Still, the criminal nature of the procedure was never far from their minds.

This shift, as detailed in the reading, signified the evolving landscape of reproductive healthcare, the changing roles of physicians in women's reproductive choices, and the broader societal, legal, and moral debates surrounding abortion.

References

Reagan, L. J. (2022). When abortion was a crime: Women, medicine, and law in the United States, 1867-1973, with a new preface. University of California Press.

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