Feminist Judgments Health Law Rewritten

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Feminist Judgments: Health Law Rewritten

Author : Seema Mohapatra
Publisher : Cambridge University Press
ISBN 13 : 1108863876
Total Pages : 455 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Feminist Judgments: Health Law Rewritten by : Seema Mohapatra

Download or read book Feminist Judgments: Health Law Rewritten written by Seema Mohapatra and published by Cambridge University Press. This book was released on 2022-12-31 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Kathryn M. Stanchi
Publisher : Cambridge University Press
ISBN 13 : 1107126622
Total Pages : 615 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Feminist Judgments by : Kathryn M. Stanchi

Download or read book Feminist Judgments written by Kathryn M. Stanchi and published by Cambridge University Press. This book was released on 2016-08-02 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Feminist Judgments: Reproductive Justice Rewritten

Author : Kimberly Mutcherson
Publisher : Cambridge University Press
ISBN 13 : 1108425437
Total Pages : 407 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Feminist Judgments: Reproductive Justice Rewritten by : Kimberly Mutcherson

Download or read book Feminist Judgments: Reproductive Justice Rewritten written by Kimberly Mutcherson and published by Cambridge University Press. This book was released on 2020-04-16 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Eloisa C. Rodriguez-Dod
Publisher : Cambridge University Press
ISBN 13 : 1108835538
Total Pages : 445 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Feminist Judgments: Rewritten Property Opinions by : Eloisa C. Rodriguez-Dod

Download or read book Feminist Judgments: Rewritten Property Opinions written by Eloisa C. Rodriguez-Dod and published by Cambridge University Press. This book was released on 2021-10-28 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.

Feminist Judgments: Family Law Opinions Rewritten

Author : Rachel Rebouché
Publisher : Cambridge University Press
ISBN 13 : 1108571522
Total Pages : 449 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Feminist Judgments: Family Law Opinions Rewritten by : Rachel Rebouché

Download or read book Feminist Judgments: Family Law Opinions Rewritten written by Rachel Rebouché and published by Cambridge University Press. This book was released on 2020-06-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Deborah S. Gordon
Publisher : Cambridge University Press
ISBN 13 : 1108495117
Total Pages : 275 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Feminist Judgments by : Deborah S. Gordon

Download or read book Feminist Judgments written by Deborah S. Gordon and published by Cambridge University Press. This book was released on 2020-09-17 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.

Feminist Judgments: Corporate Law Rewritten

Author : Anne M. Choike
Publisher : Cambridge University Press
ISBN 13 : 1009035339
Total Pages : 489 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Feminist Judgments: Corporate Law Rewritten by : Anne M. Choike

Download or read book Feminist Judgments: Corporate Law Rewritten written by Anne M. Choike and published by Cambridge University Press. This book was released on 2022-12-31 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Tort Opinions

Author : Martha Chamallas
Publisher : Cambridge University Press
ISBN 13 : 1108484298
Total Pages : 459 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Feminist Judgments: Rewritten Tort Opinions by : Martha Chamallas

Scottish Feminist Judgments

Author : Sharon Cowan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923276
Total Pages : 743 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Scottish Feminist Judgments by : Sharon Cowan

Download or read book Scottish Feminist Judgments written by Sharon Cowan and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book rewrites 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing power, politics and partiality, feminist judges provide alternative accounts that bring gender equity concerns to the fore, whilst remaining bound by the facts and legal authorities encountered by the original court. Paying particular attention to Scotland's distinctive national identity, fluctuating experiences of political sovereignty, and unique legal traditions and institutions, this book contributes in a distinctive register to the emerging dialogue amongst feminist judgment projects across the globe. Its judgments address concerns not only about gender equality, but also about the interplay between gender, class, national identity and citizenship in contemporary Scotland. The book also showcases unique contributions from leading artists which, provoked by the enterprise of feminist judging, or by individual cases, offer a visceral and affective engagement with the legal. The book will be of interest to academics, practitioners and students of Scots law, policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally.

Feminist Judgments: Rewritten Tort Opinions

Author : Martha Chamallas
Publisher : Cambridge University Press
ISBN 13 : 1108598447
Total Pages : 459 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Feminist Judgments: Rewritten Tort Opinions by : Martha Chamallas

Download or read book Feminist Judgments: Rewritten Tort Opinions written by Martha Chamallas and published by Cambridge University Press. This book was released on 2020-12-10 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Bennett Capers
Publisher : Cambridge University Press
ISBN 13 : 100908979X
Total Pages : 327 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Feminist Judgments: Rewritten Criminal Law Opinions by : Bennett Capers

Download or read book Feminist Judgments: Rewritten Criminal Law Opinions written by Bennett Capers and published by Cambridge University Press. This book was released on 2022-12-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Feminist Judgments

Author : Ann C. McGinley
Publisher : Cambridge University Press
ISBN 13 : 1108493173
Total Pages : 535 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Feminist Judgments by : Ann C. McGinley

Download or read book Feminist Judgments written by Ann C. McGinley and published by Cambridge University Press. This book was released on 2020-10-15 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides 15 employment discrimination cases rewritten from feminist perspectives, along with commentaries, to demonstrate what could have been.

Northern / Irish Feminist Judgments

Author : Máiréad Enright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908943
Total Pages : 701 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Northern / Irish Feminist Judgments by : Máiréad Enright

Download or read book Northern / Irish Feminist Judgments written by Máiréad Enright and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Feminist Judgments

Author : Deborah S. Gordon
Publisher : Cambridge University Press
ISBN 13 : 1108864147
Total Pages : 275 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Feminist Judgments by : Deborah S. Gordon

Download or read book Feminist Judgments written by Deborah S. Gordon and published by Cambridge University Press. This book was released on 2020-09-17 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in International Law

Author : Loveday Hodson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914439
Total Pages : 815 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Feminist Judgments in International Law by : Loveday Hodson

Download or read book Feminist Judgments in International Law written by Loveday Hodson and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.

Feminist Judgments of Aotearoa New Zealand

Author : Elisabeth McDonald
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909737
Total Pages : 614 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Feminist Judgments of Aotearoa New Zealand by : Elisabeth McDonald

Download or read book Feminist Judgments of Aotearoa New Zealand written by Elisabeth McDonald and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

Aspen Treatise for Introduction to Feminist Legal Theory

Author : Martha E. Chamallas
Publisher : Aspen Publishing
ISBN 13 : 1454831294
Total Pages : 732 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Aspen Treatise for Introduction to Feminist Legal Theory by : Martha E. Chamallas

Download or read book Aspen Treatise for Introduction to Feminist Legal Theory written by Martha E. Chamallas and published by Aspen Publishing. This book was released on 2012-11-05 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading text in the field, Introduction to Feminist Legal Theory was the first book that served as an introductory survey of feminist jurisprudence. Its historical view of feminist legal theory places issues in social context and thoroughly reviews the evolving paradigms of contemporary feminism from the 1970s through the present. The full range of legal issues affecting women are covered, including gender discrimination, rape, sexual harassment, motherhood, reproductive issues, and much more. Clear, energetic presentation keeps students engaged and involved with succinct overviews, intellectually stimulating material, and jargon-free prose. The Third Edition features up-to-date theories and topics, such as the "autonomy" feminism and "masculinities" theory. Expansion of the current theory-based structure includes the "big three" feminisms described in the previous edition and the "new three" feminisms, which are expanded in the third edition. New applied areas are covered as well, such as transgender legal issues and sex trafficking. While the book remains U.S.-focused, important new material on global and comparative feminism has been added. Throughout the text, students will find discussion about changes in the law since 2003 on issues such as rape, pay equity, sex stereotyping, marriage equality, Title IX, and more. Thoroughly updated, the revised Third Edition presents: Up-to-date theories and topics "autonomy" feminism, "masculinities" theory, "social justice" feminism LGBT and critical race perspectivesa Two-part organization, focusing on chronology and substantive areas of the law that are of particular importance to feminist legal scholars Part one focuses on chronology by examining the three generations of feminist legal theory that have emerged since 1971 the Generation of Equality (1970s) the Generation of Difference (1980s) the Generation of Complex Identities (1990s to present) this part will also include the "new three" feminisms in the 3rd edition (intersectional, autonomy and postmodern feminism) Part two focuses on substantive areas of the law, which fall into three categories economic subordination of women sexual subordination of women motherhood and reproduction Introduction of new applied areas transgender legal issues sex trafficking reproductive justice More material on global and comparative feminism, while remaining U.S.-focused Discussion of changes in the law since 2003 rape domestic violence pay equity torts and tax law same-sex marriage Title IX, and more