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Feminist Judgments: Corporate Law Rewritten

Author: Anne M. Choike

Publisher: Cambridge University Press

Published: 2022-12-31

Total Pages: 489

ISBN-13: 1009035339

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.

Feminist Judgments: Rewritten Property Opinions

Author: Eloisa C. Rodriguez-Dod

Publisher: Cambridge University Press

Published: 2021-10-28

Total Pages: 445

ISBN-13: 1108835538

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Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.

Feminist Judgments: Rewritten Tort Opinions

Author: Martha Chamallas

Publisher: Cambridge University Press

Published: 2020-12-10

Total Pages: 459

ISBN-13: 1108484298

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A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.

Feminist Judgments: Reproductive Justice Rewritten

Author: Kimberly Mutcherson

Publisher: Cambridge University Press

Published: 2020-04-16

Total Pages: 407

ISBN-13: 1108425437

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Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.

Feminist Judgments: Family Law Opinions Rewritten

Author: Rachel Rebouché

Publisher: Cambridge University Press

Published: 2020-06-25

Total Pages: 449

ISBN-13: 1108571522

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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.

Scottish Feminist Judgments

Author: Sharon Cowan

Publisher: Bloomsbury Publishing

Published: 2019-12-12

Total Pages: 743

ISBN-13: 1509923276

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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.

Feminist Judgments: Rewritten Tort Opinions

Author: Martha Chamallas

Publisher: Cambridge University Press

Published: 2020-12-10

Total Pages: 459

ISBN-13: 1108598447

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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.

Feminist Judgments

Author: Ann C. McGinley

Publisher: Cambridge University Press

Published: 2020-10-15

Total Pages: 535

ISBN-13: 1108597610

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How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.

Australian Feminist Judgments

Author: Heather Douglas

Publisher: Bloomsbury Publishing

Published: 2014-11-20

Total Pages: 780

ISBN-13: 1782255419

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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.

Feminist Judgments

Author: Deborah S. Gordon

Publisher: Cambridge University Press

Published: 2020-09-17

Total Pages: 275

ISBN-13: 1108495117

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This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.