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Feminist Judgments

Feminist Judgments PDF Author: Lindsay F. Wiley
Publisher:
ISBN: 9781108860901
Category : LAW
Languages : en
Pages : 0

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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"--

Feminist Judgments

Feminist Judgments PDF Author: Lindsay F. Wiley
Publisher:
ISBN: 9781108860901
Category : LAW
Languages : en
Pages : 0

View

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"--

Feminist Judgments: Health Law Rewritten

Feminist Judgments: Health Law Rewritten PDF Author: Seema Mohapatra
Publisher: Cambridge University Press
ISBN: 9781108816922
Category : Law
Languages : en
Pages : 0

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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.

Feminist Judgments: Rewritten Health Law Opinions

Feminist Judgments: Rewritten Health Law Opinions PDF Author: Seema Mohapatra
Publisher: Cambridge University Press
ISBN: 1108495095
Category : Law
Languages : en
Pages : 455

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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"--

Feminist Judgments: Family Law Opinions Rewritten

Feminist Judgments: Family Law Opinions Rewritten PDF Author: Rachel Rebouché
Publisher: Cambridge University Press
ISBN: 1108471706
Category : History
Languages : en
Pages : 449

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Book Description
Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.

Feminist Judgments: Rewritten Criminal Law Opinions

Feminist Judgments: Rewritten Criminal Law Opinions PDF 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.

Feminist Judgments: Reproductive Justice Rewritten

Feminist Judgments: Reproductive Justice Rewritten PDF Author: Kimberly Mutcherson
Publisher: Cambridge University Press
ISBN: 1108425437
Category : Health & Fitness
Languages : en
Pages : 407

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Book Description
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.

Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions PDF 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.

Northern / Irish Feminist Judgments

Northern / Irish Feminist Judgments PDF Author: Máiréad Enright
Publisher: Bloomsbury Publishing
ISBN: 1509908943
Category : Law
Languages : en
Pages : 624

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Book Description
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Feminist Judgments: Corporate Law Rewritten

Feminist Judgments: Corporate Law Rewritten PDF Author: Anne M. Choike
Publisher: Cambridge University Press
ISBN: 1316516768
Category : Business & Economics
Languages : en
Pages : 489

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Book Description
An essential foundation for any lawyer or law student, businessperson, or scholar interested in feminism's applications to corporate law.

Feminist Judgments

Feminist Judgments PDF 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.