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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

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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: 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 Tort Opinions

Feminist Judgments: Rewritten Tort Opinions PDF Author: Martha Chamallas
Publisher: Cambridge University Press
ISBN: 1108598447
Category : Law
Languages : en
Pages :

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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.

Feminist Judgments: Rewritten Criminal Law Opinions

Feminist Judgments: Rewritten Criminal Law Opinions PDF Author: Bennett Capers
Publisher: Cambridge University Press
ISBN: 1316515117
Category : Law
Languages : en
Pages : 327

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Book Description
This book demonstrates the difference a feminist approach to criminal law could make in all of our lives.

Feminist Judgments: Rewritten Property Opinions

Feminist Judgments: Rewritten Property Opinions PDF 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.

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 Tax Opinions

Feminist Judgments: Rewritten Tax Opinions PDF Author: Bridget J. Crawford
Publisher: Cambridge University Press
ISBN: 1316510204
Category : Law
Languages : en
Pages : 363

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Book Description
Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.

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.