CRM/LAW C10 Study Guide - Midterm Guide: Critical Race Theory, Equal Rights Amendment, Strict Scrutiny

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Dr. Hillary Berk
C10, 2018
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C10 EXAM 2 STUDY GUIDE
Carry-forward concepts
Utilitarianism
Libertarianism
Kantian ethics
Egalitarian liberalism
Rawlsian ethics
Critical race theory
Justice and Gender: History of Sex Discrimination
What is justice when it comes to gender, law, and society?
Intersecting Social Movements: the Woman Movement, abolition, and suffrage
Coverature and separate spheres jurisprudence
Married Women’s Property Acts
Declaration of Sentiments
14th Amendment: Privileges and Immunities and Equal Protection clauses
Equality in form vs. equality in fact
Cases: Minor v. Happersett (1875); Bradwell v. Illinois (1872); Muller v. Oregon (1908);
Goesart v. Cleary (1948); Hoyt v. Florida (1961)
Justice and Gender, Part II
Sex discrimination and gender-based stereotyping
Liberal feminism and Feminist theory
14th Amendment: Privileges and Immunities, Equal Protection, Due Process
Formal Equality Model
Substantive Equality
Equal Rights Amendment
Civil Rights Act of 1964 (Amended1991) – Title VII
Sex discrimination in employment; equal employment opportunity (Title VII)
Levels of scrutiny: rational basis or ordinary scrutiny, middle level, and strict scrutiny
Cases: Hoyt v. Florida (1961); Reed v. Reed (1971); Frontiero v. Richardson (1973); Craig v.
Boren (1976); Schroer v. Billington (2008)
The Right to Privacy - Reproduction
Reproductive rights, fundamental right to contraception and abortion
Right to Privacy and bodily autonomy
14th Amendment, liberty, and the Bill of Rights: Substantive Due Process
Fetal viability; Undue Burden test
Regulations: informed consent, waiting period, spousal notification, and parental consent
State interests in health of the mother and unborn fetus
Gender inequality: barriers to access and rights “on the books”; restrictive bills and legislation
Cases: Griswold v. Connecticut (1965), Roe v. Wade (1973), Planned Parenthood v. Casey
(1992), Whole Woman’s Health v. Hellerstedt (2016)
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Document Summary

Intersecting social movements: the woman movement, abolition, and suffrage. 14th amendment: privileges and immunities and equal protection clauses. Cases: minor v. happersett (1875); bradwell v. illinois (1872); muller v. oregon (1908); Goesart v. cleary (1948); hoyt v. florida (1961) 14th amendment: privileges and immunities, equal protection, due process. Civil rights act of 1964 (amended1991) title vii. Sex discrimination in employment; equal employment opportunity (title vii) Levels of scrutiny: rational basis or ordinary scrutiny, middle level, and strict scrutiny. Cases: hoyt v. florida (1961); reed v. reed (1971); frontiero v. richardson (1973); craig v. Reproductive rights, fundamental right to contraception and abortion. 14th amendment, liberty, and the bill of rights: substantive due process. Regulations: informed consent, waiting period, spousal notification, and parental consent. State interests in health of the mother and unborn fetus. Gender inequality: barriers to access and rights on the books ; restrictive bills and legislation.