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Feminist Judgments: Rewritten Tax Opinions

Feminist Judgments: Rewritten Tax Opinions

Author: Bridget J. Crawford; Anthony C. Infanti
Publisher: Cambridge University Press
ISBN: 9781316649596
Published In: February 2018
Format: Paperback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Could 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 Opinions 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.

Part I. Introduction and Overview:

1. Introduction to the Feminist Judgments: Rewritten Tax Opinions Project Bridget J. Crawford and Anthony C. Infanti

2. Feminist Judging for Substantive Gender Equality in Tax Law: Changing International and Comparative Constitutional Contexts Kathleen A. Lahey

Part II. The Feminist Judgments:

3. United States v. Rickert, 188 U.S.

432 (1903) Chloe Thompson and Grant Christensen

4. Lucas v. Earl, 281 U.S.

111 (1930) Francine J. Lipman and Ann Murphy

5. Welch v. Helvering, 290 U.S.

111 (1933) Nicole Appleberry and Mary Louise Fellows

6. United States v. Davis, 370 U.S.

65 (1962) Linda M. Beale and Patricia A. Cain