Feminist Judgments: Rewritten Tort Opinions PDF Download
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Author: Martha Chamallas
Publisher: Cambridge University Press
ISBN: 1108484298
Category : Law
Languages : en
Pages : 459
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Book Description
A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
Author: Martha Chamallas
Publisher: Cambridge University Press
ISBN: 1108484298
Category : Law
Languages : en
Pages : 459
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Book Description
A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
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: 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: 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: Anita Bernstein
Publisher: Cambridge University Press
ISBN: 1107177812
Category : Law
Languages : en
Pages : 275
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Book Description
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Author: Basil Markesinis
Publisher: Cambridge University Press
ISBN: 9781139444736
Category : Law
Languages : en
Pages : 296
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Book Description
Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
Author: Heather Douglas
Publisher: Bloomsbury Publishing
ISBN: 1782255419
Category : Law
Languages : en
Pages : 816
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Book Description
This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Author: Dana Lee Baker
Publisher: UBC Press
ISBN: 0774861398
Category : Law
Languages : en
Pages : 246
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Book Description
Law and Neurodiversity offers invaluable guidance on how autism research can inform and improve juvenile justice policies in Canada and the United States. This perceptive work examines the history of institutionalization, the evolution of disability rights, and advances in juvenile justice that incorporate considerations of neurological difference into court practice. In Canada, the diversion of delinquent autistic youth away from formal processing has fostered community-based strategies for them under state authority in its place. US policies rely more heavily on formal responses, often employing detention in juvenile custody facilities. These differing approaches profoundly affect how services such as education are delivered to youth with autism. Building on a rigorous exploration of how assessment, rehabilitation, and community re-entry differ between the two countries, Law and Neurodiversity offers a much-needed comparative analysis of autism and juvenile justice policies on both sides of the forty-ninth parallel.
Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
ISBN: 1847317278
Category : Law
Languages : en
Pages : 414
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Book Description
While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Author: William Warwick Buckland
Publisher: CUP Archive
ISBN:
Category : Common law
Languages : en
Pages : 472
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Book Description
