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.
Author(s): Martha Chamallas, Lucinda M. Finley
Series: Feminist Judgment Series: Rewritten Judicial Opinions
Edition: 1
Publisher: Cambridge University Press
Year: 2020
Language: English
Commentary: TruePDF
Pages: 459
Tags: Torts; United States; Women; Legal Status, Laws, etc; United States; Feminist Jurisprudence; United States; Sociology Of The family; Sociology Of sexuality; Sociology Of Law Legal Theory And Methods; Philosophy Of Law
Cover
Half Title
Series Title
Title
Copyright
Contents
Notes on Contributors
Preface
Table of Cases
Part I | Introduction
1 | Introduction to Feminist Judgments: Rewritten Tort Opinions
Part II | The Classics
2 | Commentary on Palsgraf v. Long Island Railroad Co.
3 | Commentary on Escola v. Coca-Cola Bottling Co. of Fresno
4 | Commentary on Farwell v. Keaton
5 | Commentary on Tarasoff v. Regents of University of California
Part III | Intentional Torts
6 | Commentary on Robinson v. Cutchin
7 | Commentary on Guthrie v. Conroy
8 | Commentary on Lyman v. Huber
9 | Commentary on Sipple v. Chronicle Publishing Co.
Part IV | Negligence and Vicarious Liability
10 | Commentary on Sharon P. v. Arman, Ltd.
11 | Commentary on Broadnax v. Gonzalez
12 | Commentary on Boyles v. Kerr
13 | Commentary on Emerson v. Magendantz
14 | Commentary on McCarty v. Pheasant Run
15 | Commentary on Lisa M. v. Henry Mayo Newhall Memorial Hospital
Part V | Damages
16 | Commentary on G.M.M. v. Kimpson
17 | Commentary on Simpkins v. Grace Brethren Church of Delaware, Ohio
Index
