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Feminist Judgments: Rewritten Employment Discrimination Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Ann C. McGinley Nicole Buonocore PorterHow 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.
Feminist Judgments: Rewritten Property Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Rodriguez-Dod, Eloisa C. Marty-Nelson, Elena MariaHow 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.
Feminist Judgments: Rewritten Tax Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Bridget J. Crawford Anthony C. InfantiCould a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). 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. Feminist Judgments: Rewritten Tax Opinionsbrings 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.
Feminist Judgments: Rewritten Tort Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Lucinda M. Finley Martha ChamallasBy 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: Rewritten Trusts and Estates Opinions (Feminist Judgment Series: Rewritten Judicial Opinions)
by Browne C. Lewis Deborah S. Gordon Carla SpivackFor women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
Feminist Jurisography: Law, History, Writing
by Ann GenoveseThis book offers a jurisprudential meditation on and methodological performance of how feminist and legal thought come into relation. This book is about the conduct of one’s scholarship and why it requires examination. Across six essays, the book reintroduces official and unofficial jurisprudence writing of the late 20th century to show how disciplinary methods were transformed, and how relations between people and place, and between law and humanities, were transferred from the periphery to the centre of contemporary scholarship. To demonstrate this story, Feminist Jurisography experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors; and remind that it was feminist intellectuals from 1949 onwards who altered conducts of interdisciplinary scholarship in ways that are underacknowledged today. It exemplifies why naming a practice for yourself is an acknowledgment of relations of difference, collaboration, and inheritance, but also a performance of the feminist tradition of intellectual self-assertion that the book explores. The book will be a useful resource for scholars and students of law and humanities, feminism, and history, and of value to a general audience interested in feminist ideas. The book will benefit contemporary conversations about the history and status of feminist contributions to these fields.
Feminist Jurisprudence: Cases and Materials, Fifth Edition (American Casebook Series)
by Kimberly A. Yuracko Cynthia Grant Bowman Deborah Tuerkheimer Laura A. RosenburyThis coursebook introduces students to feminist jurisprudence. The first three chapters develop the historical range of feminist theories. Subsequent chapters examine topics such as violence, reproduction, intimate relationships, children, employment, and education. Extensive readings, cases, and text notes encourage detailed, rigorous analysis and critical thinking.
Feminist Legal History: Essays on Women and Law
by Bettye Collier-ThomasAttuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women’s interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women’s legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment.Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
Feminist Legal Theories (Gender and American Law: The Impact of the Law on the Lives of Women)
by Karen J. MaschkeMultidisciplinary focus Surveying many disciplines, this anthology brings together an outstanding selection of scholarly articles that examine the profound impact of law on the lives of women in the United States. The themes addressed include the historical, political, and social contexts of legal issues that have affected women's struggles to obtain equal treatment under the law. The articles are drawn from journals in law, political science, history, women's studies, philosophy, and education and represent some of the most interesting writing on the subject. The law in theory and practice Many of the articles bring race, social, and economic factors into their analyses, observing, for example, that black women, poor women, and single mothers are treated by the wielders of the power of the law differently than middle class white women. Other topics covered include the evolution of women's legal status, reproduction rights, sexuality and family issues, equal employment and educational opportunities, domestic violence, pornography and sexual exploitation, hate speech, and feminist legal thought. A valuable research and classroom aid, this series provides in-depth coverage of specific legal issues and takes into account the major legal changes and policies that have had an impact on the lives of American women.
Feminist Perspectives on Child Law (Feminist Perspectives)
by Daniel Monk Jo BridgemanFeminist Perspectives on Child Law is a collection of interdisciplinary socio-legal essays which explore the complex relationship between childhood,gender and the law. Drawing on a wide range of feminist and critical theories and empirical research, these original essays challenge the gender neutrality of law; they explore the shifting constructions of childhood by law, legal practice and popular culture; and they provide critical and timely insights into the complex relationship between adults and children. The essays go beyond the traditional boundaries of child law within the law school curriculum and within legal practice by addressing a wide range of issues, such as health, criminal justice, education, sexuality and domestic violence. By approaching these issues in innovative ways, the essays question the impact of gender on social and cultural understandings of childhood and on contemporary interpretations of child welfare and give voice to the different choices and experiences of male and female children.
Feminist Perspectives on Contract Law (Feminist Perspectives)
by Linda Mulcahy Sally WheelerThe law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.
Feminist Perspectives on Criminal Law (Feminist Perspectives)
by Lois Bibbings Donald NicolsonFirst published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Feminist Perspectives on Employment Law (Feminist Perspectives)
by Anne Morris Thérèse O'DonnellWhilst equal pay, maternity rights and sex discrimination, including sexual harassment, have received attention from feminist scholars, there is an increasing awareness that it is the whole of the working environment that must be examined if real progress is to be made.
Feminist Perspectives on Equity and Trusts (Feminist Perspectives)
by Hilary Lim Susan Scott-HuntPrevious collections of essays on equity and trusts law have focused on doctrinal issues, only occasionally giving a policy gloss or suggestion of social context and impact. Although a critical approach can be glimpsed in journal articles and student texts, this collection of essays draws together both feminist and critical material. It is unique in being written by feminists, in dealing with equity and trusts as a whole and in being written in the critical tradition.
Feminist Perspectives on Evidence
by Louise Ellison Mary ChildsQuestions of evidence and proof are fundamental to the operation of substantive law and to our understanding of law as a social practice. The study of evidence involves issues of central concern to feminist scholars,including matters of epistemology, psychology, allocation of risk and responsibility. Debates about evidence, like debates about feminism, involve questioning ideas of rationality and truth, as well as claims to knowledge both by and about men and women. Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. Feminist evidence scholarship is a relatively new but rapidly developing field. This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. In these essays, they explore the contributions of feminist theory and methodology to the understanding of the law of evidence.
Feminist Perspectives on Family Law (Feminist Perspectives)
by Alison Diduck Katherine O'DonovanExamining specific areas of family law from a feminist perspective, this book assesses the impact that feminism has had upon family law. It is deliberately broad in scope, as it takes the view that family law cannot be defined in a traditional way. In addition to issues of long-standing concern for feminists, it explores issues of current legal and political preoccupation such as civil partnerships, home-sharing, reproductive technologies and new initiatives in regulating family practices through criminal law, including domestic violence and youth justice.
Feminist Perspectives on Land Law (Feminist Perspectives)
by Anne Bottomley Hilary LimThe first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on: shopping malls ancient monuments nature reserves housing estates the family home. An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.
Feminist Perspectives on Law and Theory (Feminist Perspectives)
by Janice Richardson Ralph SandlandWhat is the link between the way in which women are viewed as an aberration within law - such that pregnant women initially had to be compared with sick men to claim unfair dismissal - and the view of women as monstrous within philosophy? This book uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions,including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. This collection of essays on feminist legal theory therefore provides an interdisciplinary approach, drawn not only from law and philosophy, but also from cultural and womens studies. Feminism may still be on the margins of both law and philosophy, yet it has the ability to disrupt both. This book moves beyond a feminist critique of existing frameworks to the constructive project of reworking theory from within. It goes beyond debates of traditional jurisprudence to draw its tools from the growing body of work on feminist philosophy - including the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect both contemporary continental philosophy and critical legal theory.
Feminist Perspectives on Tort Law (Feminist Perspectives)
by Janice Richardson and Erika RackleyFeminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law.Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
Feminist Phenomenology Futures
by Helen A. Fielding and Dorothea E. OlkowskiDistinguished feminist philosophers consider the future of their field and chart its political and ethical course in this forward-looking volume. Engaging with themes such as the historical trajectory of feminist phenomenology, ways of perceiving and making sense of the contemporary world, and the feminist body in health and ethics, these essays affirm the base of the discipline as well as open new theoretical spaces for work that bridges bioethics, social identity, physical ability, and the very nature and boundaries of the female body. Entanglements with thinkers such as Heidegger, Merleau-Ponty, Beauvoir, and Arendt are evident and reveal new directions for productive philosophical work. Grounded in the richness of the feminist philosophical tradition, this work represents a significant opening to the possible futures of feminist phenomenological research.
Feminist Post-Liberalism
by Judith A. BaerFeminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare—and possibly socialist—post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society. Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism. Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.
Feminist Practices: Interdisciplinary Approaches to Women in Architecture
by Lori A. BrownWomen continue to be extremely under-represented in the architectural profession. Despite equal numbers of male and female students entering architectural studies, there is at least 17-25% attrition of female students and not all remaining become practicing architects. In both the academic and the professional fields of architecture, positions of power and authority are almost entirely male, and as such, the profession is defined by a heterosexual, Eurasian male perspective. This book argues that it is vital for all architectural students and practitioners to be exposed to a diversity of contemporary architectural practices, as this might provide a first step into broadening awareness and transforming architectural engagement. It considers the relationships between feminist methodologies and the various approaches toward design and their impact upon our understanding and relationship to the built environment. In doing so, this collection challenges two conventional ideas: firstly, the definition of architecture and secondly, what constitutes a feminist practice. This collection of up-and-coming female architects and designers use a wide range of local and global examples of their work to question different aspects of these two conventional ideas. While focusing on feminist perspectives, the book offers insights into many different issues, concerns and interpretations of architecture, proposing through these types of engagement, architecture can become more culturally, politically and environmentally relevant. This 'next generation' of architects claim feminism as their own and through doing so, help define what feminism means and how it is evolving in the 21st century.
Feminist Theory and International Law: Posthuman Perspectives
by Emily JonesFeminist approaches to international law have been mischaracterised by the mainstream of the discipline as being a niche field that pertains only to women’s lived experiences and their participation in decision-making processes. Exemplifying how feminist approaches can be used to analyse all areas of international law, this book applies posthuman feminist theory to examine the regulation of new and emerging military technologies, international environmental law and the conceptualisation of the sovereign state and other modes of legal personality in international law. Noting that most posthuman scholarship to date is primarily theoretical, this book also contributes to the field of posthumanism through its application of posthuman feminism to international law, working to bridge the theory and practice divide by using posthuman feminism to design and call for legal change. This interdisciplinary book draws on an array of fields, including philosophy, queer and feminist theories, postcolonial and critical race theories, computer science, critical disability studies, science and technology studies, marine biology, cultural and media studies, Indigenous onto-epistemologies, critical legal theory, political science and beyond to provide a holistic analysis of international law and its inclusions and exclusions. This interdisciplinary book will appeal to students and scholars with interests in legal, feminist and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations
by Martha Albertson Fineman Jack E. Jackson Adam P. RomeroFeminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-Ã -vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
Feminist, Queer, Crip
by Alison KaferIn Feminist, Queer, Crip Alison Kafer imagines a different future for disability and disabled bodies. Challenging the ways in which ideas about the future and time have been deployed in the service of compulsory able-bodiedness and able-mindedness, Kafer rejects the idea of disability as a pre-determined limit. She juxtaposes theories, movements, and identities such as environmental justice, reproductive justice, cyborg theory, transgender politics, and disability that are typically discussed in isolation and envisions new possibilities for crip futures and feminist/queer/crip alliances. This bold book goes against the grain of normalization and promotes a political framework for a more just world.