Feminist Judgments: Rewritten Tort Opinions

Name: Feminist Judgments: Rewritten Tort Opinions
SKU: 33391227
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Feminist Judgment Series: Rewritten Judicial Opinions

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Description

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 Biography:

Lucinda M. Finley, the Raichle Professor of Law at the University of Buffalo, SUNY, is a leading feminist torts scholar whose foundational articles examining tort law from a feminist perspective have influenced new generations of legal scholars. She co-edited a leading Torts casebook that directly considers issues of gender, racial, class, and sexual identity equity in tort law. Martha Chamallas, the Robert J. Lynn Chair in Law at Ohio State University, is known for her scholarship on the devaluation of emotional and reproductive harm and on gender and race bias in damages. She is the author of the leading treatise on feminist legal theory and The Measure of Injury: Race, Gender, and Tort Law (with Jennifer B. Wriggins, 2010).

Release date NZ

December 10th, 2020

Audience

Professional & Vocational

Contributors

Edited by Lucinda M. Finley
Edited by Martha Chamallas

Illustrations

Worked examples or Exercises

Pages

500

Series

Feminist Judgment Series: Rewritten Judicial Opinions

Dimensions

230x150x30

ISBN-13

9781108484299

Product ID

33391227

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