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Feminist Judgments: Rewritten Tort Opinions

Feminist Judgments: Rewritten Tort Opinions

Author: Martha Chamallas; Lucinda M. Finley
Publisher: Cambridge University Press
ISBN: 9781108706247
Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Preface

Part I. Introduction:

1. Introduction to the feminist judgments: rewritten torts opinions project

Martha Chamallas and Lucinda M. Finley

Part II. The Classics:

2. Palsgraf v. Long Island Railroad Co., 162 N.E.

99 (N.Y.

1928)

Taunya Lovell Banks and Maurice Dyson

3. Escola v. Coca Cola Bottling Co. of Fresno, 150 P.2d 436 (Cal.

1944)

Mary J. Davis and Zanita Fenton