Feminist Judgments

Rewritten Property Opinions

Eloisa C. Rodriguez-Dod, Elena Maria Marty-Nelson

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English

Cambridge University Press
28 October 2021

Feminism & feminist theory; Property law

Series: Feminist Judgment Series: Rewritten Judicial Opinions

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.

Edited by: Eloisa C. Rodriguez-Dod, Elena Maria Marty-Nelson
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 151mm, Spine: 23mm
Weight: 650g
ISBN: 9781108812870
ISBN 10: 1108812872
Series: Feminist Judgment Series: Rewritten Judicial Opinions
Pages: 450
Publication Date: 28 October 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Part I. Introduction: 1. Introduction to the feminist judgments: Rewritten property opinions project; 2. Property law revolution, devolution, and feminist legal theory; 3. Incorporating feminist perspectives throughout law school curriculum; Part II. Allocation of Rights: 4. Johnson v. M'Intosh, 21 U.S. 543 (1823); 5. Botiller v. Dominguez, 130 U.S. 238 (1889); 6. Pierson v. Post, 3 Cai. R. 175 (N.Y. Sup. Ct. 1805); Part III. Patents, Publicity Rights, and Trademarks: 7. Association for molecular pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013); 8. White v. Samsung electronics America, Inc., 971 F.2d 1395 (9th Cir. 1992); Part IV. Condemnation and Adverse Possession: 9. Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005); 10. Tate v. water works and sewer board of the City of Oxford, 217 So. 3d 906 (Ala. Civ. App. 2016); Part V. Gifts and Future Interests: 11. Gruen v. Gruen, 496 N.E.2d 869 (N.Y. 1986); Part VI. Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety: 12. Sawada v. Endo, 561 P.2d 1291 (Haw. 1977); 13. Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004); 14. Coggan v. Coggan, 239 So. 2d 17 (Fla. 1970); Part VII. Exclusionary Zoning: 15. Moore v. City of East Cleveland, Ohio, 431 U.S. 494 (1977); Part VIII. Evictions: 16. Phillips neighborhood housing trust v. Brown, 564 N.W.2d 573 (Minn. Ct. App. 1997); 17. Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct. 2001); Part IX. Landlord-tenant Premises Liability: 18. Bartley v. Sweetser, 890 S.W.2d 250 (Ark. 1994); Index.

Eloisa C. Rodriguez-Dod is the Associate Dean for Academic Affairs and Professor of Law at Florida International University College of Law. She is a past chair of the AALS Section on Minority Groups and is the author of numerous books, chapters, and articles exploring property law and real estate finance. Elena Maria Marty-Nelson is the Associate Dean for Diversity, Inclusion, and Public Impact and Professor of Law at Nova Southeastern University College of Law. She has published previous books on negotiating and trusts and is the author of numerous articles on property and tax. Marty-Nelson is also a past chair of the AALS section on Minority Groups and a former advisor to ALI-ABA The Practical Real Estate Lawyer.

Reviews for Feminist Judgments: Rewritten Property Opinions

'Property has been used across time and geography to dispossess, disenfranchise, and discriminate. However, the injustices in common law property jurisprudence have often been accepted as inevitable or even necessary. This book is an important step in dismantling the mythology of a neutral, apolitical liberal property paradigm by exposing property's deliberate gendered, racial, and class-based inequities. Its accessibility and depth make it a wonderful pedagogical tool as well as scholarly resource for students, scholars, advocates, and readers interested in what a more equitable, feminist property regime could look like.' Priya Gupta, Associate Professor, McGill Faculty of Law 'I will never teach classic property cases, such as Johnson v. M'Intosh, Pierson v. Post, and Kelo v. City of New London, the same way again. The contributors to Feminist Judgments: Rewritten Property Opinions do an excellent job of exposing patriarchal bias in property law decisions throughout history, and in so doing, they have provided a very valuable service to both law practitioners and the larger society. Feminist Judgments: Rewritten Property Opinions should be required reading for all property law professors.' Claire Osborn-Wright, Visiting Associate Professor of Law, St. Thomas University School of Law 'Feminist Judgments: Rewritten Property Opinions should be on every Property professor's bookshelf. Not only is it an invaluable guide for instructors who want to integrate feminist jurisprudence into a required first-year course, it is also a resource to recommend to students who want to learn more than black letter law. Today's law students are seeking sophisticated, nuanced discussions of the cases they cover in their classes. This is what you will find in Feminist Judgments: Rewritten Property Opinions.' Angela Gilmore, Associate Dean for Academic Affairs and Professor of Law, North Carolina Central University School of Law