Feminist Judgments Rewritten Tort Opinions /
Chamallas, Martha.
Feminist Judgments Rewritten Tort Opinions / edited by Martha Chamallas, Lucinda M. Finley. - United Kingdom: Cambridge University Press, Cambridge, c 2020. - xxix, 427 pages. : 23 cm. - Feminist judgments series . - Feminist judgments series. .
Title from publisher's bibliographic system (viewed on 08 Dec 2020).
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.
9781108613293 9781108484299 9781108706247
Torts--United States.
Women--Legal status, laws, etc.--United States.
Feminist jurisprudence--United States.
Electronic books.
346.7303 / CHA-F 2020 305024
Feminist Judgments Rewritten Tort Opinions / edited by Martha Chamallas, Lucinda M. Finley. - United Kingdom: Cambridge University Press, Cambridge, c 2020. - xxix, 427 pages. : 23 cm. - Feminist judgments series . - Feminist judgments series. .
Title from publisher's bibliographic system (viewed on 08 Dec 2020).
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.
9781108613293 9781108484299 9781108706247
Torts--United States.
Women--Legal status, laws, etc.--United States.
Feminist jurisprudence--United States.
Electronic books.
346.7303 / CHA-F 2020 305024