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Feminist Judgments: Rewritten Property Opinions

Edited by: Eloisa C. Rodriguez-Dod, Elena Maria Marty-Nelson

ISBN13: 9781108812870
Published: October 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £41.99



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How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.

  • Contains both rewritten opinions and commentaries, helping readers learn to critically analyze cases
  • Features diverse voices regarding race, ethnicity, gender, sexual orientation, and socio-economic status
  • Demonstrates how feminist perspectives can enrich and deepen the process by which judicial decisions are made

Subjects:
Property Law
Contents:
Part I. Introduction:
1. Introduction to the feminist judgments: Rewritten property opinions project
2. Property law revolution, devolution, and feminist legal theory
3. Incorporating feminist perspectives throughout law school curriculum
Part II. Allocation of Rights:
4. Johnson v. M'Intosh, 21 U.S.
543 (1823)
5. Botiller v. Dominguez, 130 U.S.
238 (1889)
6. Pierson v. Post, 3 Cai. R.
175 (N.Y. Sup. Ct.
1805)
Part III. Patents, Publicity Rights, and Trademarks:
7. Association for molecular pathology v. Myriad Genetics, Inc., 569 U.S.
576 (2013)
8. White v. Samsung electronics America, Inc., 971 F.2d 1395 (9th Cir.
1992)
Part IV. Condemnation and Adverse Possession:
9. Kelo v. City of New London, Connecticut, 545 U.S.
469 (2005)
10. Tate v. water works and sewer board of the City of Oxford, 217 So.
3d 906 (Ala. Civ. App.
2016)
Part V. Gifts and Future Interests:
11. Gruen v. Gruen, 496 N.E.2d 869 (N.Y.
1986)
Part VI. Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety:
12. Sawada v. Endo, 561 P.2d 1291 (Haw.
1977)
13. Taylor v. Canterbury, 92 P.3d 961 (Colo.
2004)
14. Coggan v. Coggan, 239 So.
2d 17 (Fla.
1970)
Part VII. Exclusionary Zoning:
15. Moore v. City of East Cleveland, Ohio, 431 U.S.
494 (1977)
Part VIII. Evictions:
16. Phillips neighborhood housing trust v. Brown, 564 N.W.2d 573 (Minn. Ct. App.
1997)
17. Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct.
2001)
Part IX. Landlord-tenant Premises Liability:
18. Bartley v. Sweetser, 890 S.W.2d 250 (Ark.
1994)
Index

Series: Feminist Judgment Series: Rewritten Judicial Opinions

Feminist Judgments: Reimagining the International Criminal Court ISBN 9781009255288
To be published January 2025
Cambridge University Press
£135.00
Feminist Judgments: Immigration Law Opinions Rewritten ISBN 9781009198943
Published November 2023
Cambridge University Press
£34.99
Feminist Judgments: Corporate Law Rewritten ISBN 9781009015295
Published January 2023
Cambridge University Press
£39.99
Feminist Judgments: Health Law Rewritten ISBN 9781108816922
Published December 2022
Cambridge University Press
£29.99
Feminist Judgments: Rewritten Criminal Law Opinions ISBN 9781009095976
Published December 2022
Cambridge University Press
£39.99
Feminist Judgments: Rewritten Tort Opinions ISBN 9781108706247
Published December 2020
Cambridge University Press
£39.99
Feminist Judgments: Rewritten Employment Discrimination Opinions ISBN 9781108717403
Published October 2020
Cambridge University Press
£41.99
Feminist Judgments: Family Law Opinions Rewritten ISBN 9781108458337
Published June 2020
Cambridge University Press
£31.99
Feminist Judgments: Reproductive Justice Rewritten ISBN 9781108442350
Published April 2020
Cambridge University Press
Price on Application
£36.99