Feminist Judgments: Health Law Rewritten

Feminist Judgments: Health Law Rewritten
Author: Seema Mohapatra
Publisher: Cambridge University Press
Total Pages: 455
Release: 2022-12-31
Genre: Law
ISBN: 1108863876

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: Reproductive Justice Rewritten

Feminist Judgments: Reproductive Justice Rewritten
Author: Kimberly Mutcherson
Publisher: Cambridge University Press
Total Pages: 407
Release: 2020-04-16
Genre: Health & Fitness
ISBN: 1108425437

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

Feminist Judgments: Rewritten Property Opinions

Feminist Judgments: Rewritten Property Opinions
Author: Eloisa C. Rodriguez-Dod
Publisher: Cambridge University Press
Total Pages: 445
Release: 2021-10-28
Genre: Law
ISBN: 1108835538

Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.

Feminist Judgments: Family Law Opinions Rewritten

Feminist Judgments: Family Law Opinions Rewritten
Author: Rachel Rebouché
Publisher: Cambridge University Press
Total Pages: 449
Release: 2020-06-25
Genre: History
ISBN: 1108471706

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

Feminist Judgments: Family Law Opinions Rewritten

Feminist Judgments: Family Law Opinions Rewritten
Author: Rachel Rebouché
Publisher: Cambridge University Press
Total Pages: 449
Release: 2020-06-25
Genre: Law
ISBN: 1108571522

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.

Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions
Author: Martha Chamallas
Publisher: Cambridge University Press
Total Pages: 459
Release: 2020-12-10
Genre: Law
ISBN: 1108484298

A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.

Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions
Author: Martha Chamallas
Publisher: Cambridge University Press
Total Pages: 459
Release: 2020-12-10
Genre: Law
ISBN: 1108598447

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: Corporate Law Rewritten

Feminist Judgments: Corporate Law Rewritten
Author: Anne M. Choike
Publisher: Cambridge University Press
Total Pages: 489
Release: 2022-12-31
Genre: Law
ISBN: 1009035339

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

Feminist Judgments: Rewritten Criminal Law Opinions

Feminist Judgments: Rewritten Criminal Law Opinions
Author: Bennett Capers
Publisher: Cambridge University Press
Total Pages: 327
Release: 2022-12-15
Genre: Law
ISBN: 100908979X

'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.

Northern / Irish Feminist Judgments

Northern / Irish Feminist Judgments
Author: Máiréad Enright
Publisher: Bloomsbury Publishing
Total Pages: 701
Release: 2017-02-09
Genre: Law
ISBN: 1509908943

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