Feminist Judgments: Family Law Opinions Rewritten

Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.

Rachel Rebouché (Edited by)

9781108458337, Cambridge University Press

Paperback / softback, published 25 June 2020

444 pages
22.7 x 15.1 x 2.3 cm, 0.63 kg

This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.

1. Introduction Rachel Rebouché
2. Reynolds v. United States, 98 U.S. 145 (1879) Marie Failinger and Laura Kessler
3. McGuire v. McGuire, 59 N.W.2d 336 (Neb. 1953) Mary Anne Case, Martha Ertman and Zvi Triger
4. Dandridge v. Williams, 397 U.S. 471 (1970) Maya Manian and Susan Frelich Appleton
5. Wisconsin v. Yoder, 406 U.S. 205 (1972) Lisa Fishbayn Joffe and Kristen Murray
6. Marvin v. Marvin, 557 P.2d 106 (Cal. 1976) Aníbal Rosario Lebrón and Kate Sablosky Elengold
7. Kulko v. Superior Court, 436 U.S. 84 (1978) Mary-Beth Moylan and Katherine Macfarlane
8. Daly v. Daly, 715 P.2d 56 (Nev. 1986) Raff Donelson and Nancy Polikoff
9. Michael H. v. Gerald D., 491 U.S. 110 (1989) Suzanne Kim and Albertina Antognini
10. DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989) Macarena Saez and Jessica Dixon Weaver
11. Simeone v. Simeone, 581 A.2d 162 (Pa. 1990) Jamie Abrams and Alicia Kelly
12. Borelli v. Brusseau, 12 Cal. App. 4th 647 (1993) June Carbone and Jo Carrillo
13. Turner v. Rogers, 564 U.S. 431 (2011) Warren Binford and Elizabeth L. MacDowell
14. In re T.J.S., 54 A.3d 263 (N.J. 2012) June Carbone and Seema Mohapatra
15. Matter of A-B-, Respondent, 27 I&N Dec. 316 (A.G. 2018) Natalie Nanasi and Suzan M. Pritchett
16. Sessions v. Morales-Santana, 2017 WL 2507339 (U.S. 2017) Cynthia Godsoe and Tracy Thomas.

Subject Areas: Jurisprudence & general issues [LA], Feminism & feminist theory [JFFK], History of the Americas [HBJK]