Feminist Judgments: Rewritten Tort Opinions PDF Download
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Author: Martha Chamallas
Publisher: Cambridge University Press
ISBN: 1108598447
Category : Law
Languages : en
Pages : 459
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Book Description
By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.
Author: Martha Chamallas
Publisher: Cambridge University Press
ISBN: 1108598447
Category : Law
Languages : en
Pages : 459
Get Book Here
Book Description
By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.
Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108835538
Category : Law
Languages : en
Pages : 445
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Book Description
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Author: Rachel Rebouché
Publisher: Cambridge University Press
ISBN: 1108571522
Category : Law
Languages : en
Pages : 449
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Book Description
This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.
Author: Bennett Capers
Publisher: Cambridge University Press
ISBN: 100908979X
Category : Law
Languages : en
Pages : 327
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Book Description
'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.
Author: Rachael Mulheron
Publisher: Cambridge University Press
ISBN: 1108727646
Category : Law
Languages : en
Pages : 1111
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Book Description
This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.
Author: Kathryn M. Stanchi
Publisher: Cambridge University Press
ISBN: 1107126622
Category : Law
Languages : en
Pages : 615
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Book Description
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.
Author: Michael Awkward
Publisher: Cambridge University Press
ISBN: 9780521387750
Category : Literary Criticism
Languages : en
Pages : 144
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Book Description
An analysis of the literary values of Hurston's novel, as well as its reception--from largely dismissive reviews in 1937, through a revival of interest in the 1960s and its recent establishment as a major American novel.
Author: Deborah S. Gordon
Publisher: Cambridge University Press
ISBN: 1108495117
Category : Business & Economics
Languages : en
Pages : 275
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Book Description
This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 9780521003070
Category : Law
Languages : en
Pages : 324
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Book Description
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Author: Seema Mohapatra
Publisher: Cambridge University Press
ISBN: 1108863876
Category : Law
Languages : en
Pages : 455
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Book Description
This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.
