Mondays and Wednesdays at 1.40pm, in Robinson 505
August 31: Introduction
September 5: No class--Labor Day
September 7: Children’s Issues in the 19th Century: Public Education and Welfare
September 12: Muller v. Oregon, the Child Labor Amendment, and the Progressive Era
September 14: 1920s Youth Culture and Legal Issues--QUIZ #1
September 19: The New Deal and the Changing Nature of American Liberalism
September 21: Brown v. Board of Education
September 26: Shaping the Next Generation: Cold War Education
September 28: The Great Society
October 3: The Warren Court and Family Law----QUIZ #2
October 5: No class--college holiday
Tuesday, October 11: The Warren Court and Youth Legal Rights
October 12: No class--college holiday
October 17: The Nixon Years--QUIZ #3
October 19: Midterm
October 24: The Changing Rationale for University Education, I
October 26: No class
October 31: Roe and Redefining Personhood
November 2: Using Public Schools to Promote Diversity: Busing and School Integration, II
November 7: The Development of Family Law: adoption, child custody, children's rights
November 9: Welfare Reform
November 14: Public Policy and Public Education
November 16: The Changing Rationale for University Education, II: Grutter and Diversity
November 21: Children as a Political Issue
November 23: The Law, Family, and Same-Sex Issues
November 28: Academic Freedom Redefined?
December 5: Group Presentation 1: School Vouchers
Briefing book readings:
December 7: Group Presentation 2: NCLB, Children and the Media
December 12: Welfare Reform and Faith-Based Initiatives
December 14: Children's Rights, Adoption, and the Law
At the beginning of the course, you will be divided into five or six groups of 3-4 people each (depending on the size of the class). Each group’s assignment is to prepare a one-hour briefing for a hypothetical policymaker and his/her staff on one of the following topics:
Each presentation will include the following:
(1) A pre-circulated “briefing book” containing copies of documents, statistics, and book, journal, and/or magazine articles relevant to your topic. You will pre-circulate this briefing book to your instructors and your classmates one week prior to your group’s presentation. Its purpose is to provide your audience with background information in advance of your formal presentation;
(2) A 60-65 minute briefing, with time allotted for questions and answers, in which your group will provide: an overview of the issue; policy recommendations; and a discussion.
You will be expected to draw on the themes and lessons of the previous weeks and apply them to your assessment and recommendations.
You should prepare for vigorous questioning from both instructors and classmates. You are required to attend all presentations.
You will then submit to your instructors a final report of 5-8 pages in length.
The audience for your briefing will depend on the topic. In all cases, however, important considerations include:
(1) Current developments related to your topic;
(2) The current political composition of the White House and Congress (Senate and House of Representatives); or the state government.
Assignment of groups (in class September 14)
In class on September 14, you will be assigned to a group of 3-4 (depending on the size of the class)
Preliminary list of documents (due in class September 28)
Working together, your group will submit 5 essential documents relating to your topic. These documents may be government reports, chapters from important books, journal articles, or other reliable and respected sources of information.
Briefing book (due in class November 7)
The final briefing book of documents to be circulated to instructors and classmates.
Draft of report and policy recommendations to instructor only (due in class November 16)
Ainsworth, Janet. “Re-Imagining Childhood and Reconstructing the Legal Order: The Case for the Abolition of the Juvenile Court,” North Carolina Law Review 69 (1991), pp. 1083–1133.
Areen, Judith. Family Law: Cases and Materials (New York: Foundation Press, 1999, suppl. 2001, 2004).
Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002).
Bailey v. Drexel Furniture Company, 259 U.S. 20 (1922).
Bane, Mary Jo. Welfare Realities: From Rhetoric to Reform (Cambridge: Harvard University Press, 1994).
Bell, Winifred. Aid to Dependent Children (New York: Columbia University Press, 1965).
Bottoms, Bette, ed. Children, Social Science, and the Law (New York: Cambridge University Press, 2002).
Cammisa, Anne Marie. From Rhetoric to Reform? Welfare Policy in American Politics. (Boulder, CO: Westview Press, 1998).
Chase-Lansdale, P. Lindsay, and Jean Brooks-Gunn, eds. Escape from Poverty: What Makes a Difference for Children? (New York: Cambridge University Press, 1995).
Cmiel, Kenneth. A Home of Another Kind: One Chicago Orphanage and the Tangle of Child Welfare (Chicago: University of Chicago Press, 1995).
Crenson, Matthew. Building the Invisible Orphanage: A Prehistory of the American Welfare System (Cambridge, Mass.: Harvard University Press, 1998).
DeWoody, Madelyn. Health Care Reform and Child Welfare: Meeting the Needs of Abused and Neglected Children (Washington, DC: Child Welfare League of America, 1994).
Dumenil, Lynn. The Modern Temper: American Culture and Society in the 1920s (New York: Hill and Wang, 1995).
Ebeling, Richard M., Lissa Roche, and Lorna Busch, eds. American Perestroika: The Demise of the Welfare State (Hillsdale, MI: Hillsdale College Press, 1995).
Engel v. Vitale 370 U.S. 421 (1962).
Fass, Paula S. The Damned and the Beautiful: American Youth in the 1920s (New York: Oxford University Press, 1977).
Focus on Children and Youth; a Report for the 1960 White House Conference on Children and Youth (Washington, DC: Government Printing Office, 1960).
Garrow, David. Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (Berkeley: University of California Press, 1998).
Gilligan, Carol. In a Different Voice: Psychological Theory and Women’s Development (Cambridge: Harvard University Press, 1982).
Goldberg, David. Discontented America: The United States in the 1920s (Baltimore: Johns Hopkins University Press, 1999).
Gordon, Linda. Pitied but Not Entitled: Single Mothers and the History of Welfare (Cambridge: Harvard University Press, 1994).
Griswold v. Connecticut 381 U.S. 479 (1965).
Grossberg, Michael. Governing the Hearth: Law and the Family in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1985).
Hasci, Timothy A. Second Home: Orphan Asylums and Poor Families in America (Cambridge: Harvard University Press, 1997).
Katz, Michael. In the Shadow of the Poorhouse: A Social History of Welfare in America (New York: Basic Books, 1986).
Keller, Morton. Regulating a New Society: Public Policy and Social Change in America, 1900–1933 (Cambridge: Harvard University Press, 1994).
Manfredi, Christopher. The Supreme Court and Juvenile Justice (Lawrence: University Press of Kansas, 1998).
Michel, Sonya. Children’s Interests/Mothers’ Rights: The Shaping of American Child Care Policy (New Haven: Yale University Press, 1999).
Milliken v. Bradley 418 U.S. 717 (1974).
Mink, Gwendolyn. The Wages of Motherhood: Inequality in the Welfare State, 1917–1942 (Ithaca: Cornell University Press, 1995).
Nightingale, Demetra Smith, and Robert E. Haveman, eds. The Work Alternative: Welfare Reform and the Realities of the Job Market (Washington, DC: Urban Institute Press, 1995).
Norris, Donald F., and Lyke Thompson, eds. The Politics of Welfare Reform (Thousand Oaks, CA: Sage Publications, 1995).
Novak, William. The People’s Welfare: Law and Regulation in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1996).
Ogletree, Charles. All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education (New York: Norton, 2004).
Patterson, James. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (New York: Oxford University Press, 2002).
Polsky, Andrew. The Rise of the Therapeutic State (Princeton: Princeton University Press, 1991).
Robison, Susan. State Child Welfare Reform: Toward a Family-based Policy (Denver: National Conference of State Legislators, 1987).
Rodgers, Daniel. Atlantic Crossings: Social Politics in a Progressive Age (Cambridge: Harvard University Press, 1998).
Roe v. Wade 410 U.S. 113 (1973).
Rothman, David. Conscience and Convenience: The Asylum and Its Alternatives in Progressive America (Boston: Little, Brown, 1980).
Schlossman, Steven. Love and the American Delinquent: The Theory and Practice of "Progressive" Juvenile Justice, 1825–1920 (Chicago: University of Chicago Press, 1977).
Schuerman, John. Best Interests and Family Preservation in America (Chicago: Chapin Hall Center for Children, 1997).
Singer, Simon I. Recriminalizing Delinquency: Violent Juvenile Crime and Juvenile Justice Reform (New York: Cambridge University Press, 1996).
Swann v. Charlotte-Mecklenburg Board of Education 402 U.S. 1 (1971).
Tannenhaus, David, “Growing Up Dependent: Family Preservation in Early Twentieth-Century Chicago,” Law and History Review 8 (fall 2001), pp. 1-24.
Tiffin, Susan. In Whose Best Interest? Child Welfare Reform in the Progressive Era (Westport, Conn.: Greenwood Press, 1982).
Trattner, Walter. From Poor Law to Welfare State: A History of Social Welfare in America, 5th ed. (New York: The Free Press, 1994).
Youth in Transition: Report of the Panel on Youth to the President’s Science Advisory Committee (Chicago: University of Chicago Press, 1974).