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This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Leading scholars demonstrate how feminist analysis can transform law in a field where paternalism, stereotypes, and the public-private divide shape decisions about patient autonomy, coordination of care and health care financing.
List of contents
1. Introduction Seema Mohapatra and Lindsay F. Wiley; 2. Schloendorff v. Society of New York Hospitals, 105 N.E. 92, 93 (N.Y. 1914) Danielle Pelfrey Duryea and Kelly Dineen; 3. Reynolds v. McNichols, 488 F.2d 1378 (10th Cir. 1973) Aziza Ahmed and Wendy Parmet; 4. Conservatorship of Valerie N., 707 P.2d 760 (Cal. 1985) Cynthia Soohoo, Sofia Yakren and Doriane Lambelet Coleman; 5. Bouvia v. Superior Court, 225 Cal. Rptr. 297 (Cal Ct. App. 1986) Joan H. Krause and Barry Furrow; 6. Moore v. Regents of University of California, 793 P.2d 479 (Cal. 1990) Jessica Roberts and Lisa C. Ikemoto; 7. Linton v. Commissioner of Health and Environment, 65 F.3d 508 (6th Cir. 1995) Ruqaiijah Yearby and Gwendolyn Roberts Majette; 8. Olmstead v. L.C., 527 U.S. 581 (1999) Doron Dorfman and Becka Rich; 9. Doe v. Mutual of Omaha Insurance Co., 179 F.3d 557 (7th Cir. 1999) Christina S. Ho and Valarie Blake; 10. Smith v. Rasmussen, 249 F.3d 755 (8th Cir. 2001) Heather Walter McCabe and Craig Konnoth; 11. Burton v. State, 49 So.3d 263 (Fla. Dist. Ct. App. 2010) Greer Donley and Nadia Sawicki; 12. National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012) Mary Ann Chirba, Alice A. Noble and Elizabeth Weeks; 13. Means v. United States Conference of Catholic Bishops, 836 F.3d 643 (6th Cir. 2016) Maya Manian and Leslie C. Griffin; 14. Does v. Gillespie, 867 F. 3d 1034 (8th Cir. 2017) Elizabeth Kukura, Jennifer Oliva and Melissa Alexander; 15. National Institute of Family & Life Advocates v. Becerra, 138 S.Ct. 2361 (2018) Brietta R. Clark and Sonia Suter.
About the author
Seema Mohapatra, JD, MPH, is the M.D. Anderson Foundation Endowed Professor in Health Law and Professor of Law at SMU Dedman School of Law. Her research focuses on biosciences and the law, assisted reproduction and surrogacy, international family and health law, health equity, and informed consent. She is the coauthor of Reproductive Technologies and the Law (2021).Lindsay F. Wiley, JD, MPH, is Professor of Law and Director of the Health Law and Policy Program at UCLA School of Law. Her research focuses on public health law and ethics and access to health care. She is the coauthor of Public Health Law: Power, Duty, Restraint (2016) and Public Health Law and Ethics:A Reader (2018).
Summary
This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Leading scholars demonstrate how feminist analysis can transform law in a field where paternalism, stereotypes, and the public-private divide shape decisions about patient autonomy, coordination of care and health care financing.
