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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.
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: How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
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 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: 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: 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 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: Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.
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 The Routledge Companion to Gender and Animals by : Chloë Taylor
Download or read book The Routledge Companion to Gender and Animals written by Chloë Taylor and published by Taylor & Francis. This book was released on 2024-05-31 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to Gender and Animals is a diverse and intersectional collection which examines human and more-than-human animal relations, as well as the interconnectedness of human and animal oppressions through various lenses. Comprising fifty chapters, the book explores a range of debates and scholarship within important contemporary topics such as companion animals, hunting, agriculture, and animal activist strategies. It also offers timely analyses of zoonotic disease pandemics, mass extinction, and the climate catastrophe, using perspectives including feminist, critical race, anti-colonial, critical disability, and masculinities studies. The Routledge Companion to Gender and Animals is an essential reference for students in gender studies, sexuality studies, human-animal studies, cultural studies, sociology, and environmental studies.
Book Synopsis Feminist Judgments by : Bridget J. Crawford
Download or read book Feminist Judgments written by Bridget J. Crawford and published by Cambridge University Press. This book was released on 2017-12-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinions brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation.
Book Synopsis Feminist Judgments: Rewritten Health Law Opinions by : Seema Mohapatra
Download or read book Feminist Judgments: Rewritten Health Law Opinions 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 book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, 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, equitable access to long-term care in nursing homes, equitable access to community-based alternatives, private health insurance, Medicaid coverage, the Affordable Care Act, and more. Each chapter begins with a commentary from a scholar who puts the case in historical context, summarizes the original opinion, discusses what makes the rewritten opinion feminist, and describes how a feminist approach might have altered subsequent developments in health law. The feminist judgments take the form of rewritten majority opinions, concurrences, and dissents. The opinion authors are scholars who inhabit the role of a judge deciding the case. They rely exclusively on the factual record, precedents, and scientific understanding available at the time of the original decision to show how a judge with a feminist perspective could have adjudicated the matter differently"--
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 2023-01-05 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential foundation for any lawyer or law student, businessperson, or scholar interested in feminism's applications to corporate law.
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 : Kimberly M. Mutcherson
Download or read book Feminist Judgments written by Kimberly M. Mutcherson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
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 536 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 Feminist Judgments by : Rosemary Hunter
Download or read book Feminist Judgments written by Rosemary Hunter and published by Bloomsbury Publishing. This book was released on 2010-09-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Book Synopsis Tax, Inequality, and Human Rights by : Philip G. Alston
Download or read book Tax, Inequality, and Human Rights written by Philip G. Alston and published by Oxford University Press. This book was released on 2019-04-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Human Rights and Tax in an Unequal World brings together works by human rights and tax law experts, to illustrate the linkages between the two fields and to reveal their mutual relevance in tackling economic, social, and political inequalities. Against the backdrop of systemic corporate tax avoidance, the widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, with profound consequences for the wellbeing of citizens around the world. The essays collected examine where the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the role of states in bringing transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for the consequences of tax laws; and critically evaluate certain domestic tax rules through the lens of equality and non-discrimination. The contributing scholars and practitioners explore how an international human rights framework can anchor debates around international tax reform and domestic fiscal consolidation in existing state obligations. They address what human rights law requires of state tax policies, and what a state's tax laws and loopholes mean for the enjoyment of human rights within and outside its borders. Ultimately, tax and human rights both turn on the relationship between the individual and the state, and thus both fields face crises as the social contract frays and populist, illiberal regimes are on the rise.
