Feminist Judgments: Rewritten Tort Opinions

Description

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. 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