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.
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.
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.
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.
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.
Download or read book Scottish Feminist Judgments written by Sharon Cowan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An innovative collaboration between academics, practitioners, activists and artists, this timely and provocative book re-writes 16 significant Scots law cases, spanning a range of substantive topics, from a feminist perspective. Exposing the power, politics and partiality reflected in the initial judgment, our 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. It will be of interest to academics, practitioners and students of Scots law, and policy-makers, as well as to scholars of feminist and critical theory, and law and gender, internationally. 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"--
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
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 414 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.'
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.
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 645 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
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 816 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.
Download or read book Critical Tax Theory written by Bridget J. Crawford and published by Cambridge University Press. This book was released on 2009-06-22 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax law is political. This book highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impacts tax laws have on historically disempowered groups. This volume, assembled by two law professors who work in the field, is an accessible introduction to this new and growing body of scholarship. It is a resource not only for scholars and students in the fields of taxation and economics, but also for those who engage with critical race theory, feminist legal theory, queer theory, class-based analysis, and social justice generally. Tax is the one area of law that affects everyone in our society, and this book is crucial to understanding its impact.
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 849 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.
Download or read book Menstruation Matters written by Bridget J. Crawford and published by NYU Press. This book was released on 2024-10 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the burgeoning menstrual advocacy movement and analyzes how law should evolve to take menstruation into account. Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. Menstruation Matters explores the role of law in this movement. It asks what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. Bridget J. Crawford and Emily Gold Waldman examine these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.
Download or read book The Critical Judgments Project written by Gabrielle Appleby and published by . This book was released on 2016 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: BRODLIM x JULIEN RAYNAUD Le Penseur 2015 Kashmiri embroidery 80 cm X 80 cm Reproduced with permission of the artist, Julien Raynaud and BRODLIM © BRODLIM & Julien Raynaud www.brodlim.com www.julienraynaudart.com ______________________________________This book introduces students to a number of critical legal perspectives and demonstrates how such perspectives might be used to influence and reimagine existing legal doctrines. It extends the seminal Feminist Judgments Project and adapts it specifically for the purpose of teaching critical legal thinking. Each chapter provides extracts and commentary on the prominent thinkers within the critical discipline before a leading critical scholar rewrites the judgment in the famous 2013 decision of the High Court of Australia, Monis v The Queen, informed and reimagined through this perspective.The case required the High Court to engage with deep issues about the role of free speech in democracy, the appropriate role of the state in regulating civility of discourse and protecting vulnerable groups, and the ongoing influence of gender and race in approaching these issues. The decision was the first in which the Court split over the relevant issues along gender lines. The saliency of the identity of the judges in the case makes it natural for introducing students to the idea that who judges are, and how they understand notions of constitutional justice, may matter to the resolution of concrete constitutional questions.The book builds on the seminal work undertaken in the Feminist Judgments Project by pluralising not just the feminist critique, but the wider range of critical perspectives brought to the judicial method. The critical perspectives in this project include feminism and the public-private divide, anti-subordination feminism, critical race theory, queer theory/post-structural feminism, law and literature, political liberalism, intersectional theory, law and economics, restorative justice and deliberative democratic theory.
Download or read book The Common Law Inside the Female Body written by Anita Bernstein and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
