Feminist Judgments: Rewritten Tort Opinions

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Martha Chamallas (Ohio State University) Lucinda M. Finley (University at Buffalo, State University of New York)

Feminist Judgments

Rewritten Tort Opinions

Martha Chamallas (Ohio State University), Lucinda M. Finley (University at Buffalo, State University of New York)

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English

Cambridge University Press
10 December 2020

Feminism & feminist theory; Law & society; Gender & the law; Torts Law

Series: Feminist Judgment Series: Rewritten Judicial Opinions

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.

Edited by: Martha Chamallas (Ohio State University), Lucinda M. Finley (University at Buffalo, State University of New York)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 150mm, Width: 230mm, Spine: 30mm
Weight: 820g
ISBN: 9781108484299
ISBN 10: 1108484298
Series: Feminist Judgment Series: Rewritten Judicial Opinions
Pages: 500
Publication Date: 10 December 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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).

Reviews for Feminist Judgments: Rewritten Tort Opinions

'A strong point of this book is that the cases are all relevant and interesting, and each analysis differs enough from the original opinion. Each rewritten judgment makes enough relevant points that it is easy for readers to wish that they had been the actual decisions. Academic librarians, practitioners interested in gender and the law, as well as law students would certainly benefit from reading this book.' Emily Benton, Canadian Law Library Review