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

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NYU Press, May 1, 2010 - Law - 244 pages
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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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Contents

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
Copyright

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About the author (2010)

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.

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

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