Feminist Judgments: Immigration Law Opinions Rewritten
Feminist Judgments: Immigration Law Opinions Rewritten

Author: Kathleen Kim

Publisher: Cambridge University Press

Published: 2023-09-30

Total Pages: 0

ISBN-13: 9781009198943

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This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.

Feminist Judgments: Family Law Opinions Rewritten
Feminist Judgments: Family Law Opinions Rewritten

Author: Rachel Rebouché

Publisher: Cambridge University Press

Published: 2020-06-25

Total Pages: 449

ISBN-13: 1108471706

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Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.

Feminist Judgments: Family Law Opinions Rewritten
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.

Feminist Judgments: Rewritten Tort Opinions
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: Corporate Law Rewritten
Feminist Judgments: Corporate Law Rewritten

Author: Anne M. Choike

Publisher: Cambridge University Press

Published: 2022-12-31

Total Pages: 489

ISBN-13: 1009035339

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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 Criminal Law Opinions
Feminist Judgments: Rewritten Criminal Law Opinions

Author: Bennett Capers

Publisher: Cambridge University Press

Published: 2022-12-15

Total Pages: 327

ISBN-13: 100908979X

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'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.

Feminist Judgments
Feminist Judgments

Author: Kathryn M. Stanchi

Publisher: Cambridge University Press

Published: 2016-08-02

Total Pages: 615

ISBN-13: 1107126622

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Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Australian Feminist Judgments
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: Rewritten Tax Opinions
Feminist Judgments: Rewritten Tax Opinions

Author: Bridget J. Crawford

Publisher: Cambridge University Press

Published: 2017

Total Pages: 363

ISBN-13: 1316510204

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"By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. It brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation."--Provided by publisher.