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courses

The course selection varies year-to-year. Below is a sample of the courses offered over the past two years. For current offerings at the law school see the Yale Law School Bulletin on the Yale Law School website under the Student Section. For listings of queer courses offered through other departments at the University see the Pink Book (http://www.yale.edu/lesbiangay/Pages/Academic/LGStudies.html).

In addition to the courses listed below many classes discuss the intersection of LGBT lives and the law, including: Trusts and Estates, Family Law, Property, Employment Law, and Constitutional Law.

Sexuality, Gender, and the Law
Professor William Eskridge. This course will explore the historical, comparative, statutory, constitutional, and theoretical dimensions of law’s regulation of sexuality and gender. Because sex, gender, and sexual orientation issues are at the cutting edge of privacy, equality, and free speech litigation in this and other countries, the course can be viewed as an advanced constitutional law course. The exploration of natural law, law and economics, feminist and gay legal theory in many different contexts also gives this course a jurisprudential focus.

Theorizing Sex, Gender, and Sexuality
Professor Kenji Yoshino. This course is an intensive writing seminar on the topics of sex, gender, and sexuality viewed from a theoretical perspective. The course will include a consideration of the following topics: (1) the relationship among feminist, gay, and queer politics; (2) the legal and social salience of undertheorized categories such as bisexuality, intersexuality, and transsexuality; (3) the critiques and defenses of marriage, understood through debates surrounding same-sex unions and polyamory; (4) the significance of domestic theory of constructs of sexuality in radically different cultures.

AIDS Law Research Seminar
Professor Harlon Dalton. This seminar will explore the intersection of law and HIV/AIDS.

Antidiscrimination Law
Professor Reva Siegel. The course will examine law prohibiting discrimination on the basis of race, sex, and sexual orientation since the 1960s. The course begins with selected topics in equal protection law, including Congress’s power to enact civil rights laws under Section Five of the Fourteenth Amendment. Then the focus will be on federal employment discrimination law, with occasional consideration of related bodies of civil rights legislation. An attempt will be made to identify the basic assumptions of antidiscrimination law in order to reason critically within legal doctrine, and about legal doctrine, in this field. In particular, the course will draw on sociological conceptions of status to explore concerns addressed by antidicrimination law, examining the equality claims of different groups, in a variety of contexts, including education, the military, the criminal justice system, and the workplace, as well as in matters concerning the regulation of reproduction, sexuality, and family.

Feminist Theory Seminar
Professor Vicki Schultz. This seminar will critically examine the major intellectual/political traditions in Second Wave American feminist theory. Radical feminism focuses on sexuality as the crucible of gender inequality, for example, while cultural feminism points to kinship. Socialist feminists are concerned with the gender-based distribution of labor, and liberal feminists worry about gender-based exclusion from “public” spheres more broadly. Feminists of color challenge the validity of isolating gender from other categories of social existence, while feminist post-structuralists question the existence of the stable identity categories upon which some other approaches depend. Toward the end of the term, the class will examine one major debate within feminist legal theory to consider how the feminist intellectual traditions that have been studied have influenced – and might still influence – the debate and the relevant law.

Comparative Perspectives on Assimilation and Discrimination
Professor Kenji Yoshino. This seminar will investigate the relationship among assimilation, discrimination, and other related concepts such as acculaturation and accommodation. This seminar’s approach will be comparative in two senses. First, the course will seek to trace commonalities and differences among the forms of assimilation demanded of various groups, including those based on religion, race, sex/gender, and orientation. Second, the course examine how different cultures deal with the concept of assimilation along these axes. Case studies will include the treatment of “racial” minorities in Japan and the treatment of transgendered individuals in Native American culture. The seminar will stive to give the bright and dark sides of assimilation their due, and to challenge students to envision an anti-discrimination jurisprudence that takes both into account.

Economic Theories of Sexuality and Gender
Professor William Eskridge. This seminar will introduce students to the burgeoning economic theoretical and empirical literature treating issues of sexuality and gender. Students will be expected to generate their own theoretical or (quasi) empirical projects that will be the basis for their papers.

International Human Rights: Law and Policy
Professor Harold Koh. An introduction to the law, policy, theory, institutions, and practice of international human rights, including gay and lesbian rights.