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Author : Kimberly Mutcherson
Publisher : Cambridge University Press
Page : 407 pages
File Size : 29,98 MB
Release : 2020-04-16
Category : 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.
Author : Rachel Rebouché
Publisher : Cambridge University Press
Page : 449 pages
File Size : 30,72 MB
Release : 2020-06-25
Category : 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.
Author : Bennett Capers
Publisher : Cambridge University Press
Page : 327 pages
File Size : 31,64 MB
Release : 2022-12-15
Category : 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.
Author : Eloisa C. Rodriguez-Dod
Publisher : Cambridge University Press
Page : 445 pages
File Size : 41,77 MB
Release : 2021-10-28
Category : Law
ISBN : 1108835538
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Author : Kathryn M. Stanchi
Publisher : Cambridge University Press
Page : 615 pages
File Size : 44,70 MB
Release : 2016-08-02
Category : Law
ISBN : 1107126622
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.
Author : Seema Mohapatra
Publisher : Cambridge University Press
Page : 455 pages
File Size : 50,87 MB
Release : 2022-12-31
Category : 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.
Author : Martha Chamallas
Publisher : Cambridge University Press
Page : 459 pages
File Size : 14,7 MB
Release : 2020-12-10
Category : 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.
Author : Martha Chamallas
Publisher : Cambridge University Press
Page : 459 pages
File Size : 25,21 MB
Release : 2020-12-10
Category : 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.
Author : Anne M. Choike
Publisher : Cambridge University Press
Page : 489 pages
File Size : 48,27 MB
Release : 2022-12-31
Category : 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.
Author : Beverley Baines
Publisher : Cambridge University Press
Page : 495 pages
File Size : 32,36 MB
Release : 2012-04-16
Category : Law
ISBN : 0521761573
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.