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Feminist Judgments: Health Law Rewritten

Feminist Judgments: Health Law Rewritten

Author: Seema Mohapatra; Lindsay Wiley
Publisher: Cambridge University Press
ISBN: 9781108816922
Published In: December 2022
Format: Paperback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.

1. Introduction

Seema Mohapatra and Lindsay F. Wiley

2. Schloendorff v. Society of New York Hospitals, 105 N.E.

92, 93 (N.Y.

1914)

Danielle Pelfrey Duryea and Kelly Dineen

3. Reynolds v. McNichols, 488 F.2d 1378 (10th Cir.

1973)

Aziza Ahmed and Wendy Parmet

4. Conservatorship of Valerie N., 707 P.2d 760 (Cal.

1985)

Cynthia Soohoo, Sofia Yakren and Doriane Lambelet Coleman