Active Outline

General Information

Course ID (CB01A and CB01B)
CETHD029.
Course Title (CB02)
Ethnic Studies, Cultural Pluralism, and American Law and Justice
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2023
Course Description
This course is an interdisciplinary study of marginalized peoples and their relationship to the law. The course examines the legal perspective on cultural diversity in the United States by examining groups based on race, ethnicity, gender, class, religious background, disability, and sexual orientation. It also analyzes how these groups interact with mainstream society through American law, concentrating on both historical and contemporary state and federal legislation and court rulings, along with how the courts play a role in determining the status of minority groups and the effect of the law on cultural pluralism and cultural diversity in the United States.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course fullfills the breadth requirements for UC and CSU systems. It is one of the electives to be taken to receive a degree in Administration of Justice. This course is cross-listed; the course provides the social/historical context for examining contemporary diversity and inequality issues as they pertain to the effect of the law on minority groups.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Formerly Statement
(CETH D029. was formerly ICS D029.)

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to both UC and CSU
°®¶¹´«Ã½ GEArea(s)StatusDetails
2GDX°®¶¹´«Ã½ GE Area D - Social and Behavioral SciencesApproved
CSU GEArea(s)StatusDetails
CGDYCSU GE Area D - Social SciencesApproved
CGFXCSU GE Area F - Ethnic StudiesApproved
IGETCArea(s)StatusDetails
IG4XIGETC Area 4 - Social and Behavioral SciencesApproved
IG7XIGETC Area 7 - Ethnic StudiesApproved

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

Corequisite(s)

Advisory(ies)

EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

(Not open to students with credit in the cross-listed course(s).)

(Also listed as ADMJ D029.)

Entrance Skill(s)

General Course Statement(s)

(See general education pages for the requirements this course meets.)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

In-class and at-home exploration of Internet sites, including virtual museums and interactive websites

Audio presentations of oral arguments before the United States Supreme Court

Quiz and examination review performed in class

Homework and extended projects

Small group activities and exercises

Discussion and problem solving performed in class

Oral presentations and discussion of presented material

Assignments

  1. Reading
    1. Required readings from texts.
    2. Supplemental readings from the library, Internet, and handouts may be assigned.
    3. The United States Constitution
  2. Writing
    1. Weekly written assignments (comprehension questions/online discussion forums) demonstrating understanding of legislation and court cases.
    2. Short answer quizzes based on assigned readings and lectures.
    3. Case briefs on assigned court cases.
    4. Research on local organizations that support the goals of marginalized groups, including Native American, Native Hawaiian, African American, Latinx/Chicanx, and Asian American groups, and engage in community activities.
    5. Directed research/analysis project analyzing a recent United States Supreme Court decision as it pertains to the subject matter of the course as it pertains to the impact the ruling has on pluralism, justice, and equity.
    6. Collaborative text-based written assignments.
  3. Oral
    1. Participation in class discussion pertaining to analysis of the effect of law on minority groups.
    2. Presentation and discussion of individual case briefs, with particular emphasis on the student's analysis of the effect of the Court's ruling on cultural pluralism.
    3. Presentation of research findings with particular emphasis on the student's analysis of the effect of the Court's ruling on the particular minority group and cultural pluralism.

Methods of Evaluation

  1. Quizzes to evaluate reading comprehension and mastery of key terms and concepts from text and lecture materials.
  2. Case briefs/journals to evaluate comprehension and analysis of relevant court cases, including questions regarding the impact/effect of the law/ruling on cultural diversity/cultural pluralism.
  3. Comprehension questions and/or in-class/online forum discussions to evaluate understanding and analysis of oral arguments before the United States Supreme Court and the subsequent rulings.
  4. Midterm exams and final exam to evaluate mastery of key terms and concepts, and assess analytical skills pertaining to the analysis of the status of minority groups in the United States.
  5. Research project to evaluate students' ability to synthesize course materials and apply critical thinking skills to assess the future of minority groups within the legal system and the effects on cultural pluralism/cultural diversity in the United States.
  6. Oral presentations of research/analysis paper and participation in class discussions to evaluate students'Ìýability to critically analyze the effect of the law on minority groups in the United States.

Essential Student Materials/Essential College Facilities

Essential Student Materials:Ìý
  • None.
Essential College Facilities:
  • None.

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Omi, Michael and Howard WinantRacial Formation in the United StatesRoutledge2014, 3rd edition9780415520317
Tanya Maria Golash-BozaRace and Racisms: A Critical ApproachOxford University Press20210197533213
Jill Norgren and Serena NandaAmerican Cultural Pluralism and LawPraeger Publishers2006/3rd Edition
Paula S. Rothberg and Soniya MunshiRace, Class, and Gender in the United States: An Integrated StudyWorth Publishers/Macmillan Learning2016/10th Edition
Primary SourceThe United States Constitution with Amendmentsn/an/a

Examples of Supporting Texts and References

AuthorTitlePublisher
Exploring Inequality: A Sociological Approach
Understanding Race and Ethnic Relations
Race, Ethnicity, Crime, and Justice
A Perilous Path: Talking Race, Inequality, and the Law
Race, Ethnicity, Gender, and Class: The Sociology of Group Conflict and Change
Racism without Racists: Color-Blind Racism and the Persistence of Racial Inequality in America
Diversity and Society: Race, Ethnicity, and Gender
The Color of Law: A Forgotten History of How Our Government Segregated America
The New Jim Crow: Mass Incarceration in the Age of Colorblindness
A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution: Revised Edition
From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality
Dominant-Minority Relations in America: Convergence in the New World
Pregnancy and Power, Revised Edition: A History of Reproductive Politics in the United States
Majority-Minority Relations Census Update
Diversity Matters: Judicial Policy Making in the U.S. Courts of Appeals
American Constitutional Law: Introductory Essays and Selected Cases
Intersectional Inequality: Race, Class, Test Scores, and Poverty
Frameworks of Inequality: An Intersectional Perspective
Cases and Materials on Sexuality, Gender Identity, and the Law
Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America
May It Please the Court: The Most Significant Oral Arguments Made Before the Supreme Court Since 1955
May It Please the Court: Transcripts of 23 Live Recordings of Landmark Cases as Argued Before the Supreme Court

Learning Outcomes and Objectives

Course Objectives

  • Analyze and articulate concepts such as race and racism, racialization, ethnicity, equity, ethno-centrism, eurocentrism, white supremacy, self-determination, liberation, decolonization, sovereignty, imperialism, settler colonialism, and anti-racism as analyzed in any one or more of the following: Native American Studies, African American Studies, Asian American Studies, and Latinx/Chicanx American Studies
  • Analyze critically the intersection of race and racism as they relate to class, gender, sexuality, religion, spirituality, national origin, immigration status, ability, tribal citizenship, sovereignty, language, and/or age in Native American, African American, Asian American, and/or Latinx/Chicanx American communities.
  • Identify and describe clauses of the United States Constitution and the Amendments pertinent to the study of the status of minority groups in the United States.
  • Review critically how struggle, resistance, racial and social justice, solidarity, and liberation, as experienced and enacted by Native Americans, African Americans, Asian Americans and/or Latinx/Chicanx Americans are relevant to current and structural issues such as communal, national, international, and transnational politics as, for example, in immigration, reparations, settler-colonialism, multiculturalism, language policies.
  • Examine the critical events, histories, cultures, lived-experiences, and social struggles of these groups as a foundation to compare and contrast the experiences of these subordinate groups (e.g., groups based on race/ethnicity, sex/gender, religion, ability, sexual orientation, community/citizenship) to the experiences of the dominant group as reflected in the passage of legislation and in court rulings.
  • Evaluate and assess the future of these groups within the legal system, specifically the courts.

CSLOs

  • Apply theory and knowledge produced by Native American, African American, Asian American, and/or Latinx/Chicanx American communities to describe the critical events, histories, cultures, intellectual traditions, contributions, lived-experiences and social struggles of those groups with a particular emphasis on agency and group-affirmation.

Outline

  1. Analyze and articulate concepts such as race and racism, racialization, ethnicity, equity, ethnocentrism, eurocentrism, white supremacy, self-determination, liberation, decolonization, sovereignty, imperialism, settler colonialism, and anti-racism as analyzed in any one or more of the following: Native American Studies, African American Studies, Asian American Studies, and Latinx/Chicanx American Studies
    1. Examine theories of assimilation and concepts of pluralism.
    2. Definitions and social constructions of the majority group (dominant) and minority groups (subordinate), such as white versus groups of color, ability versus disability, heterosexual versus homosexual, male versus female, Christian versus non-Christian.
    3. Theories of Minority Integration/Models of Assimilation
      1. Anglo (dominant) conformity
      2. Melting pot
      3. Cultural pluralism
      4. Separatism
      5. Secessionism
    4. Analyze integrationÌýexperiences of Native American, Native Hawaiian, African American, Latinx/Chicanx, and Asian American communities, with particular emphasis on the impact ofÌýracialized identities.
  2. Analyze criticallyÌýthe intersection of race and racism as they relate to class, gender, sexuality, religion, spirituality, national origin, immigration status, ability, tribal citizenship, sovereignty, language, and/or age in Native American, African American, Asian American, and/or Latinx/Chicanx American communities.
    1. Theories of inequality
      1. Functional theory
      2. Conflict theory
      3. Ethnic stratification theory (Donald Noel): Ethnocentrism; Competition for scarce resources; Opportunity for exploitation (or one racial group's possession of superior power)
      4. Marxist theory
      5. Internal colonialism theory
    2. Patricia Hill-Collins' theory of intersectionality, examining the intersection of race and racism in Native American, Native Hawaiian, African American, Latinx/Chicanx, and Asian American communities, in particular as they relate to class, gender, sexual orientation, religion, national origin, immigration status, ability, tribal citizenship and sovereignty, language and age.
    3. Definition of ethnic stratification and concept/role of ethnocentrism/eurocentrism
    4. Theories of gender inequality
      1. Gender as a social construction, including gender roles
      2. Functionalist explanations of gender inequality
      3. Conflict theory explanations of gender inequality
    5. Sexual orientation, religious background, and disability as examples of subordinate subcultures
    6. Exploration of institutionalization and legitimating of ethnic, racial, class, and gender inequality
  3. Identify and describe clauses of the United States Constitution and the Amendments pertinent to the study of the status of minority groups in the United States.
    1. ÌýArticles I, II, and III of the United States Constitution (generally), and the Commerce Clause (Article I, Section 8) and Supremacy Clause (Article VI) (specifically)
    2. First Amendment: Establishment Clause and Free Exercise Clause
    3. Fifth Amendment: Due Process Clause and the Equal Protection "component"
    4. Thirteenth Amendment
    5. Fourteenth Amendment: Due Process Clause and Free Exercise Clause
    6. Fifteenth Amendment
    7. Nineteenth Amendment
    8. Twenty-fourth Amendment
    9. Twenty-sixth Amendment
  4. Review criticallyÌýhow struggle, resistance, racial and social justice, solidarity, and liberation, as experienced and enacted by Native Americans, African Americans, Asian Americans, and/or Latinx/Chicanx Americans are relevant to current and structural issues such as communal, national, international, and transnational politics as, for example, in immigration, reparations, settler-colonialism, multiculturalism, language policies.
    1. Community and citizenship, concentrating on issues such as:
      1. Disability, examining legislative acts and court rulings, focusing on The Americans with Disabilities Act of 1990.
      2. Immigration restriction
      3. ÌýJapanese Americans & those of Japanese ancestry: curfew, evacuation, and detentions
      4. Post-9/11 detentions
    2. Sexual Orientation
      1. Issues of discrimination in areas such as the military, employment, and same-sex marriage, including a focus on California's Proposition 8 and subsequent case law.
      2. ÌýContemporary controversy: Discrimination or Free Exercise? Examination of current case law
    3. Sex and Gender:
      1. Women
        1. Compare/contrast the roles and representation of males and females in areas such as politics, employment, voting rights, and education.
        2. Focus on the judicial and legislative history of reproductive rights.
      2. Transgender
    4. Religion, including examples of:
      1. ÌýEstablishment Clause
        1. Prayer in public schools
        2. Equal time for Creationism (Creation Science, Intelligent Design) and Evolutionary theories
        3. Moment of silence and "Under God" phrase in Pledge of Allegiance
      2. Free Exercise
        1. The Mormons
        2. The Amish
        3. The Rastafari
        4. The Native American Church
    5. Race and ethnicity, with attention to lived experiences and social and legal struggles as the foundation for understanding the contemporary social and legal status
      1. Native AmericansÌý- Struggle and resistance for land rights and sovereignty, through cases such as the Black Hills
      2. Native Hawaiians - Struggle and resistance regarding religious freedom and sovereignty
      3. African Americans - Struggle and resistance in the era of Civil Rights and today’s implications
      4. ÌýLatinx/Chicanx - Struggle and resistance for language and voting rights
      5. ÌýAsian Americans - Struggle and resistance pertaining to ideas of community and citizenship
    6. Analyze the relationship between the law and microcultures including race, ethnicity, gender, class, religious background, disability, and sexual orientation, and the impact of the law on group agency, affirmation, and social status.
  5. Examine the critical events, histories, cultures, lived experiences, and social struggles of these groups as a foundation to compare and contrast the experiences of these subordinate groups (e.g., groups based on race/ethnicity, sex/gender, religion, ability, sexual orientation, community/citizenship)Ìýto the experiences of the dominant group as reflected in the passage of legislation and in court rulings.
    1. Freedom of/from religion examining First Amendment Supreme Court cases
    2. Establishment Clause examining First Amendment Supreme Court cases
    3. Civil Rights and Fourteenth Amendment Supreme Court cases
      1. The Civil Rights Act of 1875 and The Civil Rights Cases (1883)
      2. The Civil Rights Act of 1964
      3. ÌýHeart of Atlanta Motel v. United States
      4. Loving v. Virginia
    4. School Segregation/Affirmative Action and Equal Protection cases.
      1. Plessy v. Ferguson
      2. Brown v. Board of Education
      3. Cooper v. Aaron
      4. Regents of the University of California v. Bakke
      5. Grutter v. Bollinger and Gratz v. Bollinger
    5. Issues of privacy through an examination of cases & legislation.
      1. Griswold v. Connecticut
      2. Roe v. Wade and Planned Parenthood v. Casey
      3. Partial Birth Abortion Act and Gonzales v. Carhart
      4. McCullen v. Coakley, Burwell v. Hobby Lobby, Whole Woman’s Health v. Hellerstedt
    6. Sexual Orientation through an examination of cases.
      1. Anti-Sodomy Statutes: Bowers v. Hardwick and Lawrence v. Texas
      2. Anti-Discrimination Amendments: Romer v. Evans
      3. Discrimination vs. Freedom of Expression: Boy Scouts v. Dale and Hurley v. Gay, Lesbian, Bisexual Group of Boston
      4. Same-Sex Marriage: United States v. Windsor and Hollingsworth v. Perry
  6. Evaluate and assess the future of these groups within the legal system, specifically the courts.
    1. Substantive versus symbolic laws/rulings. What is the real effect of the law?
    2. Litigation or negotiation? For any particular micro-culture, what is their best solution for protecting or promoting rights?
    3. Issues of backlash. Given a particular political climate, how might backlash play a part in the future of a particular micro-culture?
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