Feminist Judgments: Health Law Rewritten

doi:10.1017/9781108860901

This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, 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, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more.

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Contents

Feminist Judgments: Health Law Rewritten
pp i-ii
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Feminist Judgments Series Editors - Series page
pp iii-iv
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Feminist Judgments: Health Law Rewritten - Title page
pp v-v
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Copyright page
pp vi-vi
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Contents
pp vii-viii
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Advisory Panel for Feminist Judgments Series
pp ix-x
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Titles in the US Feminist Judgments Series
pp xi-xii
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Advisory Panel for Feminist Judgments: Health Law Rewritten
pp xiii-xiv
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Contributors
pp xv-xx
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Acknowledgments
pp xxi-xxii
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3 - Commentary on Reynolds v. McNichols
pp 41-65
- By AZIZA AHMED
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5 - Commentary on Bouvia v. Superior Court
pp 94-117
- By JOAN H. KRAUSE
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8 - Commentary on Olmstead v. L.C. ex rel. Zimring
pp 179-205
- By DORON DORFMAN
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9 - Commentary on Doe v. Mutual of Omaha
pp 206-236
- By CHRISTINA S. HO
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10 - Commentary on Smith v. Rasmussen
pp 237-263
- By WALTER-McCABE HEATHER
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11 - Commentary on Burton v. State
pp 264-292
- By GREER DONLEY
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14 - Commentary on Does v. Gillespie
pp 357-392
- By ELIZABETH KUKURA
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Feminist Judgments: Health Law Rewritten

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Contents

Feminist Judgments: Health Law Rewritten
pp i-ii

Feminist Judgments Series Editors - Series page
pp iii-iv

Feminist Judgments: Health Law Rewritten - Title page
pp v-v

Copyright page
pp vi-vi

Contents
pp vii-viii

Advisory Panel for Feminist Judgments Series
pp ix-x

Titles in the US Feminist Judgments Series
pp xi-xii

Advisory Panel for Feminist Judgments: Health Law Rewritten
pp xiii-xiv

Contributors
pp xv-xx

Acknowledgments
pp xxi-xxii

1 - Introduction
pp 1-16

2 - Commentary on Schloendorff v. Society of New York Hospital
pp 17-40

3 - Commentary on Reynolds v. McNichols
pp 41-65

4 - Commentary on Conservatorship of Valerie N.
pp 66-93

5 - Commentary on Bouvia v. Superior Court
pp 94-117

6 - Commentary on Moore v. Regents of the University of California
pp 118-158

7 - Commentary on Linton v. Commissioner of Health and Environment
pp 159-178

8 - Commentary on Olmstead v. L.C. ex rel. Zimring
pp 179-205

9 - Commentary on Doe v. Mutual of Omaha
pp 206-236

10 - Commentary on Smith v. Rasmussen
pp 237-263

11 - Commentary on Burton v. State
pp 264-292

12 - Commentary on National Federation of Independent Business v. Sebelius
pp 293-329

13 - Commentary on Means v. United States Conference of Catholic Bishops
pp 330-356

14 - Commentary on Does v. Gillespie
pp 357-392

15 - Commentary on National Institute of Family and Life Advocates v. Becerra
pp 393-432

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