Author: Rachel Rebouché Publisher: Cambridge University Press ISBN: 1108471706 Category : History Languages : en Pages : 449
Book Description
Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.
Author: Martha Chamallas Publisher: Cambridge University Press ISBN: 1108598447 Category : Law Languages : en Pages : 459
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: Bridget J. Crawford Publisher: Cambridge University Press ISBN: 1108247059 Category : Law Languages : en Pages : 364
Book Description
Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinions brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation.
Author: Deborah S. Gordon Publisher: Cambridge University Press ISBN: 1108864147 Category : Law Languages : en Pages : 275
Book Description
For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
Author: Bennett Capers Publisher: Cambridge University Press ISBN: 100908979X Category : Law Languages : en Pages : 327
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: Seema Mohapatra Publisher: Cambridge University Press ISBN: 1108495095 Category : Law Languages : en Pages : 455
Book Description
"This book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, 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, equitable access to long-term care in nursing homes, equitable access to community-based alternatives, private health insurance, Medicaid coverage, the Affordable Care Act, and more. Each chapter begins with a commentary from a scholar who puts the case in historical context, summarizes the original opinion, discusses what makes the rewritten opinion feminist, and describes how a feminist approach might have altered subsequent developments in health law. The feminist judgments take the form of rewritten majority opinions, concurrences, and dissents. The opinion authors are scholars who inhabit the role of a judge deciding the case. They rely exclusively on the factual record, precedents, and scientific understanding available at the time of the original decision to show how a judge with a feminist perspective could have adjudicated the matter differently"--
Author: Rosemary Hunter Publisher: Bloomsbury Publishing ISBN: 1847317278 Category : Law Languages : en Pages : 413
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: Anne M. Choike Publisher: Cambridge University Press ISBN: 1316516768 Category : Business & Economics Languages : en Pages : 489
Book Description
An essential foundation for any lawyer or law student, businessperson, or scholar interested in feminism's applications to corporate law.
Author: Kathleen C. Kim Publisher: ISBN: 9781009198950 Category : Emigration and immigration law Languages : en Pages : 0
Book Description
"Offers a novel contribution to immigration legal scholarship by rewriting Supreme Court immigration law opinions from a critical immigration legal theory lens. Contests fundamental presumptions in doctrinal immigration law and shows how entrenched system of power, alongside racism, sexism, and stereotypes, have marred the immigration law landscape"--
Author: Rachel Rebouché
Author: Martha Chamallas
Author: Bridget J. Crawford
Author: Eloisa C. Rodriguez-Dod
Author: Deborah S. Gordon
Author: Bennett Capers
Author: Seema Mohapatra
Author: Rosemary Hunter
Author: Anne M. Choike
Author: Kathleen C. Kim