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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.
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.
Author: Rachel Rebouché Publisher: Cambridge University Press ISBN: 1108571522 Category : Law Languages : en Pages : 449
Book Description
This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.
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: 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: Kathryn M. Stanchi Publisher: Cambridge University Press ISBN: 1316720799 Category : Law Languages : en Pages :
Book Description
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
Author: Kimberly M. Mutcherson Publisher: ISBN: 9781108348409 Category : Abortion Languages : en Pages :
Book Description
"American history is replete with examples of some people controlling reproduction to assert power and domination over others. During chattel slavery in the United States, slaveowners denied Black women and men the most basic forms of dignity---subjecting enslaved Black women to sexual abuse and rape at the whim of people who believed that they could own human beings as property. When pregnancies resulted from rape by slave owners or consensual relationships among slaves, enslaved women frequently watched their children taken from them and sold for profit. Control of fertility and parenting decisions too often meant self-induced abortion or infanticide because other tools were out of reach. Post-emancipation and well into the present day, the experiences of Black women and other women of color, as well as poor women and women living with disabilities, were a reminder that procreation remains a space of power and constraint. The eugenics movement in the United States led to thousands of unconsented sterilization procedures largely on women. Today, parents seek to consent to sterilization on behalf of their adult children living with disabilities. The myth of the welfare queen, always depicted as a poor Black woman with too many children, allowed states to create welfare caps that harm poor children by withholding needed financial resources from their families. States treat pregnant women and new mothers who are living with substance use disorder as criminals who need punishment, rather than sufferers who need a public health response. The federal government makes access to safe and legal abortion more difficult for poor women who are forbidden in almost all instances from using federal Medicaid dollars to pay for pregnancy terminations. It is fitting, then, that this entry into the Feminist Judgments canon focuses on procreation and parenting as sites of oppression and discrimination"--
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: Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School) Publisher: Oxford University Press ISBN: 0197650597 Category : Medical care Languages : en Pages : 297
Book Description
This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal, neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.
Author: Máiréad Enright Publisher: Bloomsbury Publishing ISBN: 1509908935 Category : Law Languages : en Pages : 624
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
Author: Seema Mohapatra
Author: Seema Mohapatra
Author: Rachel Rebouché
Author: Martha Chamallas
Author: Anne M. Choike
Author: Kathryn M. Stanchi
Author: Kimberly M. Mutcherson
Author: Martha Chamallas
Author: Rachel Rebouché
Author: Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School)
Author: Máiréad Enright