Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108835538
Category : Law
Languages : en
Pages : 445
Book Description
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Feminist Judgments: Rewritten Property Opinions
Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108835538
Category : Law
Languages : en
Pages : 445
Book Description
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Publisher: Cambridge University Press
ISBN: 1108835538
Category : Law
Languages : en
Pages : 445
Book Description
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Feminist Judgments: Rewritten Property Opinions
Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
ISBN: 1108858716
Category : Law
Languages : en
Pages : 445
Book Description
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
Publisher: Cambridge University Press
ISBN: 1108858716
Category : Law
Languages : en
Pages : 445
Book Description
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
Feminist Judgments: Rewritten Tax Opinions
Author: Bridget J. Crawford
Publisher: Cambridge University Press
ISBN: 1316510204
Category : Law
Languages : en
Pages : 363
Book Description
Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.
Publisher: Cambridge University Press
ISBN: 1316510204
Category : Law
Languages : en
Pages : 363
Book Description
Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.
Feminist Judgments
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.
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.
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
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: 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: Rewritten Health Law Opinions
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"--
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"--
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: 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.
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.