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Feminist Judgments Rewritten Criminal Law Opinions
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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.
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.
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: A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
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.
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.
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.
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.
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.
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.
Book Synopsis Feminist Judgments: Rewritten Tax Opinions by : Bridget J. Crawford
Download or read book Feminist Judgments: Rewritten Tax Opinions written by Bridget J. Crawford and published by Cambridge University Press. This book was released on 2017-12-28 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.
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.
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.
Book Synopsis Australian Feminist Judgments by : Heather Douglas
Download or read book Australian Feminist Judgments written by Heather Douglas and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
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.
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
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
Book Synopsis Roman Law and the Legal World of the Romans by : Andrew M. Riggsby
Download or read book Roman Law and the Legal World of the Romans written by Andrew M. Riggsby and published by Cambridge University Press. This book was released on 2010-06-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
