The Measure of Injury: Race, Gender, and Tort Law

The Measure of Injury: Race, Gender, and Tort Law

by Martha Chamallas, Jennifer B. Wriggins
     
 

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race.

In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove

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Overview

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race.

In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.

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Product Details

ISBN-13:
9780814716762
Publisher:
New York University Press
Publication date:
05/31/2010
Pages:
244
Product dimensions:
6.30(w) x 9.10(h) x 0.90(d)

Meet the Author

Jennifer B. Wriggins is the Sumner T. Bernstein Professor of Law at the University of Maine School of Law.

Martha Chamallas is the Robert J. Lynn Chair in Law at Ohio State University, Moritz College of Law and the author of Introduction to Feminist Legal Theory.

Table of Contents

Acknowledgments

Introduction 1

1 Theoretical Frames 13

2 Historical Frames 35

3 Intentional Torts 63

4 Negligence 89

5 Causation 119

6 Damages 155

Conclusion 183

Notes 191

Index 223

About the Authors 228

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