Soc 270 cummulative Flashcards
(100 cards)
1
Q
fundamental right
A
special significance in US constitution
clearly listed and written in the constitution
2
Q
separate spheres ideology
A
men: public - politics, economy, commerce, and law
women: private - domestic life, child-bearing, housekeeping, religious education
3
Q
Arrington and Wife v. Grissom
A
sale of slave woman by widowed wife
- woman sells slave, Sally
- was her dead husbands slave, and his kids wanted her
4
Q
State v. Celia
A
Celia was a slave, charged with murder. Murdered her owner who repeatedly raped her.
- no slave can testify against a white person
5
Q
coverture
A
upon marriage a woman’s legal rights and obligations were absorbed by those of her husband
- they become one person in law
- legal existence of the woman is suspended
6
Q
well intentioned moderates
A
Reveal bias more subtle and less examined than extremists
- awkward social interactions, embarrassing slips of tongue, assumptions, stereotypes
Ways to fix:
1) Value egalitarianism
2) An outward intention to not discriminate
3) Self reflectiveness
7
Q
Ambivalent, mixed biases
A
justify status quo
subordinated and pitied groups cooperate because they’ll receive care in return for not challenging the hierarchy
“pro-black” pity, but also anti-black resentment
8
Q
ill-intentioned extremists
A
openly resent outgroups (racial, cultural, gender or sexual)
- upset by intergroup intimacy
- ethnocentrism
- preserving hierarchies and “traditional” values
9
Q
Blatant Bias
A
hate crimes, overt harassment
blatant prejudice correlates with high social dominance
- superior groups should dominate inferior groups using force if necessary
10
Q
equal pay act of 1963
A
equal pay for equal work
set forth by EEOC v madison county school district
equal skills, effort and responsibility, performed under similar working conditions
11
Q
formal equality
A
principle of treating people alike
judged according to actual characteristics rather than stereotypes
12
Q
EEOC
A
enforcing title VII and other employment discrimination laws
- federal agency
13
Q
EEOC vs. Madison community unit school district
A
District was paying female coaches less than male coaches
Violates equal pay act
Conclusion: same sport should have equal pay, different sports are not sufficiently similar.
Doesn’t matter the sex of the coach, the coaches of male teams got paid more than coaches of female teams
14
Q
ledbetter
A
Only female production supervisor at goodyear
Illegal pay discrimination based on sex
- 40% less than that of lowest paid male
District court sided sided with her
Supreme court sided with goodyear
15
Q
3 EEOC rules for the time in which it occurred and could be filed with the EEOC
A
1) from date of pay decision
2) discovery rule
3) any date any paycheck is issued
16
Q
Lilly Ledbetter Fair Pay Act 2009
A
Obama - unlawful employment practice when an individual becomes subject to discriminatory compensation decision or other practice
Lilly became a civil rights hero
17
Q
Gender Wage Gap
A
Overt discrimination by employers - think women aren’t worth as much
Why?
- women don’t negotiate?
- lack of interest in higher paying jobs?
- barriers to pursuing work in male dominated professions
18
Q
Pay disparities
A
Difference b/w incomes of the rich and poorer parts of society
The more unequal the distribution of wealth in the economy, the larger the income disparity
19
Q
Occupational Segregation
A
distribution of people across and within occupations and jobs
Based on demographic characteristics: most often gender
20
Q
Comparable Worth
A
Basically equal pay for equal work. But similar jobs not the same
- similar skills, responsibilities, and effort
21
Q
“Made in LA”
A
Wage and hour laws as they apply to undocumented Mexican women working for Forever 21 in LA
- organizing, activism, legal pressure, Latina Identity, Work/family conflict
22
Q
BFOQ (Bona Fide Occupational Qualification)
A
Legit reason for needing a discriminatory hiring process.
- gender, ethnicity, religion, national origin, age (NOT race)
- does not include Customer Preferences or Stereotypes as reasons
23
Q
Dothard V. Rawlinson
A
Rawlinson was rejected as prison guard in Alabama
- she didn’t meet the requirements of height and weight
- disproportionately exclude women
- District court sided with Rawlinson and the defendants tried to appeal but failed to provide evidence
24
Q
Wilson v. Southwest Airlines
A
Wilson (a man) wasn’t given a job at Southwest because he’s a man. He won
- Texas court held that being a female was not necessary to complete the job at hand (SW failed to receive a BFOW)
25
Fesel v. Masonic Home of Delaware
female nurses only case
- court sided with nursing home, giving a female nurses BFOQ.
- female patients wanted female nurses (sex privacy)
26
Everson v. Michigan Dept of Corrections
upheld female correctional officers BFOQ in women's prisons
| - safety related (SO much more sexual assault with male guards)
27
Right of association
You can join or leave any group of your own choosing
28
Unruh Act
in CA, all people free and equal are entitled to full and equal accommodations, advantages, facilities, privileges, or services
29
Rotary v. Rotary club of Duarte
Does requiring the admittance of women violate the 1st amendment?
- against rotary constitution
- Rotary club NOT intimate or private enough that warrants that kind of constitutional protection (no upper limit of amount of members)
- decision: Unruh Act to local rotary clubs doesn't interfere with members freedom of private or expressive association
30
4 things that must be passed for an organization to have that 1st amendment protection
1) size
2) purpose
3) selectivity
4) Exclusion from critical aspects of relationship
31
Foster v. Back Bay Apas
Court sided with Foster
- he wanted to join a woman's gym
- spa said that one reason women joined was because it was exclusive to women
- court says no legit privacy interest (it was purely exercise area, not saunas or needed nudity)
32
Comstock Law (1873)
prohibits spreading of abortion and contraceptions (or information about them)
33
Griswold v. Connecticut (1965)
challenged Comstock Law
- doctor and planned parenthood opened a clinic for contraception
- resulted in married couples being allowed to use contraception in the privacy of their own homes
- years later it was expanded to everyone (1972)
34
Substantive due process
Some rights are so fundamental that gov can't abridge without compelling state interest
- judges instead of legislators make the decisions
35
fundamental rights
special significance under US constitution (specifically written and listed)
36
Compelling State Interest
the gov's interest balanced against the individuals constitutional right
-there must be a REAL reason from the state to justify a law or policy
37
rational basis
Default standard of review that courts apply when considering constitutional questions
- determine whether a law is "rationally related" to a "legitimate" gov interest
38
right to privacy
one's personal protection form public scrutiny
| - not explicitly in the constitution, but under shadows of amendments
39
Erickson v. Bartell Drug Co
An insurance company explicitly excluded contraception
- ruling: if you provide prescription drugs, you must provide contraception
* otherwise it's a violation of Title VII based on sex
40
Affordable Care Act - Contraception
All non-grandfathered plans have to cover at least 1 of 18 viable options of contraception (without co-pay)
41
Essential Health Benefit
Necessary benefits /services that must be covered by certain plans
42
Burwell v. Hobby Lobby
Allowed for CLOSELY HELD profit corporations to be exempt from a law its owners religiously object to if there's less restrictive means of furthering the laws interest
- imposing the contraception mandate violates the Religious Freedom Restoration Act
- mandate was not the least restrictive method of implementing the gov interest (for profit could be considered persons)
43
Roe v. Wade
established abortion as a fundamental right (personal privacy)
- trimester system: 1st legal, 2nd questionable, 3rd illegal
- must be balanced against:
1) protecting women's health
2) protecting potential human life (viable fetus)
44
Planned Parenthood v. Casey
Essential holding of Roe v. Wade stays
- gets rid of trimester rule
* right to abortion until fetal viability
* Now the state can regulate abortion throughout pregnancy and for reasons beyond the health of the mother
- building regulations
- spousal notification is unconstitutional
* still must notify parents if minor
- 24 hour waiting period
45
Pennsylvania Abortion Act (1982)
required: (unless it's an emergency)
1) certain information at least 24 hours before procedure
2) minors need consent from parents, judicial bypass if not possible
3) notify spouse (Casey overturned this)
46
Undue Burden
a state regulation that has the purpose of putting an obstacle in the way for a woman seeking an abortion
47
TRAP (Targeted Regulation of Abortion Providers) laws
They single out the medical practices of doctors who provide abortions
Jeopardize women's access to sage, legal, and high quality reproductive help
EX: physicians must have full access and privileges to local hospitals; facilities but have crazy, complicated, and unnecessary building standards
48
Whole Women's Health v. Cole (2016)
Texas passed a law requiring restrictions on abortion clinics - Whole womens health says they're unnecessary (limit access instead of help)
- privileges at hospital within 30 miles
- meet building, safety, parking, and staffing standards of a hospital/hospital room
49
Dilation and Evacuation (D&E)
dilation of cervix and surgical evacuation of contents of uterus (2nd trimester)
50
Intact Dilation and Extraction (D&X)
dilation is done so fetus can be removed intact. Done with late term abortions (after 16 weeks)
51
Stenberg v. Carhart (2000)
Nebraska law prohibited any D&X abortion unless necessary to save woman's life
- Unconstitutional under Casey and Roe
- result: Carhart won, law was struck down as unconstitutional b/c of undue burden and because it lacked health exception
52
Partial Birth Abortion Act (2003)
prohibiting late term abortions (D&X)
53
Gonzalez v. Carhart (2007)
upheld partial birth abortion act
| - couldn't demonstrate that it was an undue burden
54
health exception
Abortion should be performed if the pregnancy is a danger to the woman's health
- many pro-lifers don't believe in this health exception
55
Freedom of Access to Clinic Entrances Act (FACE)
prohibits:
1) use (or threat) of physical force, attempt to injure or interfere with any person obtaining or performing reproductive services (meant for abortion clinics)
2) all the same, but with people trying to exercise 1st amendment right of religious freedom at a place of worship
3) intentional damage or destruction of a reproductive health care facility or a place of worship
56
Eugenics
improving human population by controlling breeding
| - forced sterilization of "imbeciles"
57
reproductive justice
woman's rights: physical, mental, spiritual, political, social, and economic
58
Relf v. Weinberger
2/3 poor black girls from one family were sterilized when young, unknown to what was happening.
- the one who got away sues years later
59
buck v. bell (1922)
Buck was a mentally ill woman, Bell was the doctor. Court decided that forced sterilization was okay if it was in the best interest of the state.
- seen as an endorsement of eugenics
60
Skinner v. Oklahoma (1942)
Allowed sterilization of habitual criminals
Carve out for White collar crimes (only certain crimes received sterilization)
Supreme Court called this unconstitutional - violates equal protection clause
61
Cox v. Stanton (1975)
Woman told she was getting temporary sterilization, when in fact it was permanent.
- was told that if she did not undergo temporary sterilization her family would be struck from welfare (1965)
- discovered it was permanent (1970) and filed suit 1973
- ruling: it was past statute of limitations of 3 years from since injury was committed, not discovered
62
Madrigal v. Quilligan (1978)
Uninformed sterilization of Latina women
- women told it was reversible
- Court sides with hospitals saying they had the women's best interests in mind
- not a victory but changes ideas on informed consent
63
Fetal personhood
saying that a fetus has become a person from the moment on insemination.
- pro-life shit
64
"crack baby" syndrome
babies born to mothers who were addicted to crack or cocaine
- doesn't have actual affects on the future health of child
- pregnant women would get arrested for child abuse
65
Ferguson v. City of Charleston, South Carolina (2001)
A hospital in South Carolina was concerned about crack babies. -> began during urine screenings of pregnant women testing for cocaine (involuntary)
- supreme court decision: this was violating the 4th amendment of unreasonable search, unless patient consents.
66
personhood laws
-Sanctity of Human Life Act and Life at Conception Act
introduced in Congress many times; fail each time.
-Kansas and Missouri have language in laws about it, but not really valid because they're "subject to federal constitution"
-Many states attempt to get personhood laws passed, but they either fail or they fail to even get on a ballot because they are unconstitutional
67
Cases of personhood and pregnant women
1) woman addicted to oxy -> child abuse -> psych ward
2) woman had miscarriage -> charged for murder (overturned later)
3) Regina McNight: stillborn fetus had traces of cocaine, 20 year sentence for murder, not proven that cocaine was cause of death
4) woman wanted vaginal birth, taken and strapped down in hospital and forced to have c-section (had other children vaginally later, they were fine)
5) woman sniffed paint fumes then got an abortion, almost reckless endangerment but then it didn't matter
68
Unborn Victims of Violence Act (2004)
Recognizes a child in utero as a legal victim
| List of over 60 crimes of violence
69
Feticide
Unlawful Abortion
Increasingly used to prosecute pregnant women accused of intentionally or recklessly causing miscarriages or stillbirths.
70
Chastisement
Infliction of punishment
- In old cases (State v. Rhodes 1868), what a husband does to his wife in the privacy of their own home is their business
71
Stevenson v Stevenson (1998)
Extreme violence to the point of hospitalization, head and lung injuries as well as outer injuries, and legitimate fear of defendant
Wanted him to still be involved in son's life, as long as there was psychiatric help, he was sober, and there was no future violence
72
restraining order, personal protective order
RO: prohibits an individual from approaching or initiating contact
PPO: a court order to stop threats and violence
73
Violence Against Women Act (VAWA)
reauthorized in 2013: extends prosecutorial power for crimes on Indian lands to Indian tribal courts no matter who perpetrator is
*still excluded rape and child abuse
74
mandatory arrest
Actually hurts domestic violence victims
When police officers get called for domestic abuse, they automatically will arrest the abuser. It seems helpful, but it makes people scared of the retaliation
75
no-drop prosecution
state prosecutor decides whether to prosecute a domestic violence perpetrator, regardless of the victim's wishes.
76
Lautenberg Amendment
banning gun ownership by those convicted of domestic violence or are subject to a personal protection order
77
Castle Rock v. Gonzalez
woman's ex husband (had a restraining order) kidnaps their children, police do not respond because he is the father. later he dies in a shoot out with the police, and the 3 girls are found dead in the car
- woman sues police department but lost
- is there a point to a restraining order if it's not used
- police action: enforcing too much vs. not enforcing enough
- The state enforcing a protective order is not a constitutional right
78
Inter-American Commission on Human Rights petition
Gonzalez took an international human rights claim to them on that US courts fail to protect women and so it is a real human rights violation.
The commission agreed, recommended investigation, reparations, and reforms
* no enforcement
79
Oliphant v. Suquamish Indian Tribe (1978)
Tribal courts can't convict non-indians unless given explicit permission from congress
80
Section 1983 lawsuit
a statute that allows you to sue because the state has violated your constitutional rights.
81
INCITE! Women of color against violence
anti-violence
Feminist women of color fighting against violence towards women
Women of color can't go to the state for help because the state is such a large part of the problem
82
"heat of passion"
Killing someone in the moment. Provoked by fear, rage, anger or terror (intended)
- voluntary manslaughter
- reduced sentence and no chance of death penalty
83
Trans Panic, Gay Panic defenses
Askign a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s excessively violent reaction
84
imminence requirement in self-defense
The threat must be at the exact time of crime, it must be an immediate threat
85
State v. Norman (1989)
Mrs. Norman convicted of voluntary manslaughter.
Should she get a new trial because there was not the initial offer of acquittal due to self defense?
* ruling: no, because there was not any evidence that there was an imminent threat
86
reasonable man, reasonable woman, reasonable person standards
For voluntary manslaughter, there must be the defense that any REASONABLE person would have done the same thing
87
Battered women's syndrome
the set of symptoms, injuries, and signs of mistreatment seen in a woman who has been repeatedly abused by a spouse, partner, or relative
88
clemency
disposition to show forbearance, compassion, or forgiveness in judging or punishing
89
Clemency documentary
Movie showing the women who have been convicted for years and years due to them killing, or in association with the killing of their abusers and showing their stories.
Trying to show viewers that they deserve redemption and not everything is what it seems
90
asylum, refugee claims on domestic violence
Asylum is a protection granted to foreign nationals in the United States or at the border who meet the international definition of “refugee.”
Women who have been subjected to domestic violence have a case for being seen as refugee's
91
Federal Sentencing Guidelines
rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system.
92
Elliot-Larsen civil rights act (1976)
prohibits discrimination on the basis of "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status" in employment, housing, education, and access to public accommodations
93
Neal v. Michigan Department of Corrections
```
Abuse seen in Michigan women's prisons (1996)
Filed a class action lawsuit on behalf of Tracey Neal and 5 other women prisoners in 1996 under the Elliot-Larsen civil rights act
- big win for women in prisons, but for women who get abused after the amendment passed, but not before.
- $100 million to be distributed to the class members and to their lawyers
```
94
prison Rape Elimination Act (2003)
Deals with sexual assault of prisoners
Provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions Provide information, resources, recommendations, and funding to protect individuals from prison rape.
95
Disparate Impact
When a business has an employment rule that in practice burdens employees or applicants on the basis of a protected trait
GROUP
96
Disparate Treatment
When an individual of a protected group is shown to have been singled out and treated less favorably than others similarly situated on the basis of an impermissible criterion under Title VII
INDIVIDUAL
97
Price Waterhouse v. Hopkins
- Charm school comment
- mixed motives case
- Court held that the employer, the accounting firm Price Waterhouse, must prove by a preponderance of the evidence that the decision regarding employment would have been the same if sex discrimination had not occurred, and they couldn't prove it
98
Mixed motive
When it has a portion that is discriminatory, but also a portion that isn't
*Ex: Hopkins - if they don't let anyone cuss (not discriminatory), but they also said the charm school thing (discriminatory)
99
Pretext
Excuse or false statement to hide the truth
| Allegations that defense is lying
100
Ezold v. Wolf (1992)
Disparate treatment (individual)
Pretext is main legal issue
Ezold lost- pretext or actually bad at job?
-becomes harder when it's subjective
