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Title Feminist judgments : health law rewritten / edited by Seema Mohapatra, Lindsay F. Wiley
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022
©2022

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Description 1 online resource (xxi, 431 pages)
Series Feminist judgments series
Feminist judgments series.
Contents Introduction / Seema Mohapatra and Lindsay F. Wiley -- Schloendorff v. Society of New York Hospitals, 105 N.E. 92, 93 (N.Y. 1914) / commentary, Danielle Pelfrey ; judgment, Kelly Dineen -- Reynolds v. McNichols, 488 F.2d 1378 (10th Cir. 1973) / commentary, Aziza Ahmed ; judgment, Wendy Parmet -- Conservatorship of Valerie N., 707 P.2d 760 (Cal. 1985) / commentary, Cynthia Soohoo and Sofia Yakren ; judgment, Doriane Lambelet Coleman -- Bouvia v. Superior Court, 225 Cal. Rptr. 297 (Cal Ct. App. 1986) / commentary, Joan H. Krause ; judgment, Barry Furrow -- Moore v. Regents of University of California, 793 P.2d 479 (Cal. 1990) / commentary, Jessica Roberts ; judgment, Lisa C. Ikemoto -- Linton v. Commissioner of Health and Environment, 65 F.3d 508 (6th Cir. 1995) / commentary, Ruqaiijah Yearby ; judgment, Gwendolyn Roberts Majette -- Olmstead v. L.C., 527 U.S. 581 (1999) / commentary, Doron Dorfman ; judgment, Becka Rich -- Doe v. Mutual of Omaha Insurance Co., 179 F.3d 557 (7th Cir. 1999) / commentary, Christina S. Ho ; judgment, Valarie Blake -- Smith v. Rasmussen, 249 F.3d 755 (8th Cir. 2001) / commentary, Heather Walter McCabe ; judgment, Craig Konnoth -- Burton v. State, 49 So.3d 263 (Fla. Dist. Ct. App. 2010) / commentary, Greer Donley ; judgment, Nadia Sawicki -- National Federation of Independent Business v. Sebeliussiness v. Sebeliussiness v. Sebeliussiness v. Sebelius, 567 U.S. 519 (2012) / commentary, Mary Ann Chirba and Alice A. Noble ; judgment, Elizabeth Weeks -- Means v. United States Conference of Catholic Bishops, 836 F.3d 643 (6th Cir. 2016) / commentary, Maya Manian ; judgment, Leslie C. Griffin -- Does v. Gillespie, 867 F. 3d 1034 (8th Cir. 2017) / commentary, Elizabeth Kukura ; judgment, Jennifer Oliva and Melissa Alexander -- National Institute of Family & Life Advocates v. Becerra, 138 S.Ct. 2361 (2018) / commentary, Brietta R. Clark ; judgment, Sonia Suter
Summary "This book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, 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, equitable access to long-term care in nursing homes, equitable access to community-based alternatives, private health insurance, Medicaid coverage, the Affordable Care Act, and more. Each chapter begins with a commentary from a scholar who puts the case in historical context, summarizes the original opinion, discusses what makes the rewritten opinion feminist, and describes how a feminist approach might have altered subsequent developments in health law. The feminist judgments take the form of rewritten majority opinions, concurrences, and dissents. The opinion authors are scholars who inhabit the role of a judge deciding the case. They rely exclusively on the factual record, precedents, and scientific understanding available at the time of the original decision to show how a judge with a feminist perspective could have adjudicated the matter differently"-- Provided by publisher
Bibliography Includes bibliographical references
Notes Description based on online resource; title from digital title page (viewed on December 30, 2022)
Subject Medical care -- Law and legislation -- United States -- Cases
Feminist jurisprudence -- United States
LAW / Health.
Feminist jurisprudence
United States
Form Electronic book
Author Mohapatra, Seema, editor.
Wiley, Lindsay F., 1977- editor.
LC no. 2022030484
ISBN 9781108860901
1108860907