Author: Seema Mohapatra
Publisher: Cambridge University Press
ISBN: 1108863876
Category : Law
Languages : en
Pages : 455
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: Health Law Rewritten
Author: Seema Mohapatra
Publisher: Cambridge University Press
ISBN: 1108863876
Category : Law
Languages : en
Pages : 455
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.
Publisher: Cambridge University Press
ISBN: 1108863876
Category : Law
Languages : en
Pages : 455
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 Tort Opinions
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.
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.
Feminist Judgments: Family Law Opinions Rewritten
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.
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.
Feminist Judgments
Author: Kathryn M. Stanchi
Publisher: Cambridge University Press
ISBN: 1107126622
Category : Law
Languages : en
Pages : 615
Book Description
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.
Publisher: Cambridge University Press
ISBN: 1107126622
Category : Law
Languages : en
Pages : 615
Book Description
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.
Feminist Judgments: Corporate Law Rewritten
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.
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.
Feminist Judgments: Rewritten Criminal Law Opinions
Author: Bennett Capers
Publisher: Cambridge University Press
ISBN: 1316515117
Category : Law
Languages : en
Pages : 327
Book Description
This book demonstrates the difference a feminist approach to criminal law could make in all of our lives.
Publisher: Cambridge University Press
ISBN: 1316515117
Category : Law
Languages : en
Pages : 327
Book Description
This book demonstrates the difference a feminist approach to criminal law could make in all of our lives.
Feminist Judgments
Author: Deborah S. Gordon
Publisher: Cambridge University Press
ISBN: 1108495117
Category : Business & Economics
Languages : en
Pages : 275
Book Description
This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
Publisher: Cambridge University Press
ISBN: 1108495117
Category : Business & Economics
Languages : en
Pages : 275
Book Description
This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
Feminist Judgments: Reproductive Justice Rewritten
Author: Kimberly Mutcherson
Publisher: Cambridge University Press
ISBN: 1108425437
Category : Health & Fitness
Languages : en
Pages : 407
Book Description
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
Publisher: Cambridge University Press
ISBN: 1108425437
Category : Health & Fitness
Languages : en
Pages : 407
Book Description
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
Constitutions and Gender
Author: Helen Irving
Publisher: Edward Elgar Publishing
ISBN: 1784716960
Category :
Languages : en
Pages : 560
Book Description
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
Publisher: Edward Elgar Publishing
ISBN: 1784716960
Category :
Languages : en
Pages : 560
Book Description
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
The Oxford Handbook of Feminism and Law in the United States
Author: Deborah L. Brake
Publisher: Oxford University Press
ISBN: 0197520014
Category : Law
Languages : en
Pages : 737
Book Description
Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches. Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.
Publisher: Oxford University Press
ISBN: 0197520014
Category : Law
Languages : en
Pages : 737
Book Description
Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches. Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.