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Tax law is political. This book highlights and explains the major
themes and methodologies of a group of scholars who challenge the
traditional claim that tax law is neutral and unbiased. The
contributors to this volume include pioneers in the field of
critical tax theory, as well as key thinkers who have sustained and
expanded the investigation into why the tax laws are the way they
are and what impacts tax laws have on historically disempowered
groups. This volume, assembled by two law professors who work in
the field, is an accessible introduction to this new and growing
body of scholarship. It is a resource not only for scholars and
students in the fields of taxation and economics, but also for
those who engage with critical race theory, feminist legal theory,
queer theory, class-based analysis, and social justice generally.
Tax is the one area of law that affects everyone in our society,
and this book is crucial to understanding its impact.
Could a feminist perspective change the shape of tax laws? Feminist
reasoning and analysis are recognized as having tremendous
potential to affect employment discrimination, sexual harassment,
and reproductive rights laws - but they can likewise transform tax
law (as well as other statutory or code-based areas of the law). By
highlighting the importance of perspective, background, and
preconceptions on reading and interpreting statutes, this volume
shows what a difference feminist analysis can make to statutory
interpretation. Feminist Judgments: Rewritten Tax Opinions brings
together a group of scholars and lawyers to rewrite tax decisions
in which a feminist emphasis would have changed the outcome, the
court's reasoning, or the future direction of the law. Featuring
cases including medical expense deductions for fertility treatment,
gender confirmation surgery, tax benefits for married individuals,
the tax treatment of tribal lands, and business expense deductions,
this volume opens the way for a discussion of how viewpoint is a
key factor in statutory interpretation.
What would United States Supreme Court opinions look like if key
decisions on gender issues were written with a feminist
perspective? Feminist Judgments brings together a group of scholars
and lawyers to rewrite, using feminist reasoning, the most
significant US Supreme Court cases on gender from the 1800s to the
present day. The twenty-five opinions in this volume demonstrate
that judges with feminist viewpoints could have changed the course
of the law. The rewritten decisions reveal that previously accepted
judicial outcomes were not necessary or inevitable and demonstrate
that feminist reasoning increases the judicial capacity for
justice. Feminist Judgments opens a path for a long overdue
discussion of the real impact of judicial diversity on the law as
well as the influence of perspective on judging.
Explores the burgeoning menstrual advocacy movement and analyzes
how law should evolve to take menstruation into account.
Approximately half the population menstruates for a large portion
of their lives, but the law is mostly silent about the topic. Until
recently, most people would have said that periods are private
matters not to be discussed in public. But the last few years have
seen a new willingness among advocates and allies of all ages to
speak openly about periods. Slowly around the globe, people are
recognizing the basic fundamental human right to address
menstruation in a safe and affordable way, free of stigma, shame,
or barriers to access. Menstruation Matters explores the role of
law in this movement. It asks what the law currently says about
menstruation (spoiler alert: not much) and provides a roadmap for
legal reform that can move society closer to a world where no one
is held back or disadvantaged by menstruation. Bridget J. Crawford
and Emily Gold Waldman examine these issues in a wide range of
contexts, from schools to workplaces to prisons to tax policies and
more. Ultimately, they seek to transform both law and society so
that menstruation is no longer an obstacle to full participation in
all aspects of public and private life.
What would United States Supreme Court opinions look like if key
decisions on gender issues were written with a feminist
perspective? Feminist Judgments brings together a group of scholars
and lawyers to rewrite, using feminist reasoning, the most
significant US Supreme Court cases on gender from the 1800s to the
present day. The twenty-five opinions in this volume demonstrate
that judges with feminist viewpoints could have changed the course
of the law. The rewritten decisions reveal that previously accepted
judicial outcomes were not necessary or inevitable and demonstrate
that feminist reasoning increases the judicial capacity for
justice. Feminist Judgments opens a path for a long overdue
discussion of the real impact of judicial diversity on the law as
well as the influence of perspective on judging.
Tax law is political. This book highlights and explains the major
themes and methodologies of a group of scholars who challenge the
traditional claim that tax law is neutral and unbiased. The
contributors to this volume include pioneers in the field of
critical tax theory, as well as key thinkers who have sustained and
expanded the investigation into why the tax laws are the way they
are and what impacts tax laws have on historically disempowered
groups. This volume, assembled by two law professors who work in
the field, is an accessible introduction to this new and growing
body of scholarship. It is a resource not only for scholars and
students in the fields of taxation and economics, but also for
those who engage with critical race theory, feminist legal theory,
queer theory, class-based analysis, and social justice generally.
Tax is the one area of law that affects everyone in our society,
and this book is crucial to understanding its impact.
Could a feminist perspective change the shape of tax laws? Feminist
reasoning and analysis are recognized as having tremendous
potential to affect employment discrimination, sexual harassment,
and reproductive rights laws - but they can likewise transform tax
law (as well as other statutory or code-based areas of the law). By
highlighting the importance of perspective, background, and
preconceptions on reading and interpreting statutes, this volume
shows what a difference feminist analysis can make to statutory
interpretation. Feminist Judgments: Rewritten Tax Opinions brings
together a group of scholars and lawyers to rewrite tax decisions
in which a feminist emphasis would have changed the outcome, the
court's reasoning, or the future direction of the law. Featuring
cases including medical expense deductions for fertility treatment,
gender confirmation surgery, tax benefits for married individuals,
the tax treatment of tribal lands, and business expense deductions,
this volume opens the way for a discussion of how viewpoint is a
key factor in statutory interpretation.
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