For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
This book analyzes estates and trusts cases through a feminist lens to demonstrate how the law has limited the property rights of women and other marginalized groups. This book will be useful to law students learning to read cases and to anyone else interested in understanding ways in which the law has been applied inequitably.
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This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
| Advisory Panel for Feminist Judgments: Rewritten Trusts and Estates Opinions |
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xi | |
| Notes on Contributors |
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xiii | |
| Preface |
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xv | |
| Acknowledgments |
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xvii | |
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xix | |
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1 Introduction to the Feminist Judgments: Rewritten Trusts and Estates Opinions Project |
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1 | (16) |
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2 In re Strittmater's Estate, 53 A.2d 205 (N.J. 1947) |
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17 | (22) |
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3 In re Will of Moses, 227 So.2d 829 (Miss. 1969) |
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39 | (26) |
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4 In re Estate of Wilson, 59 N.Y.2d 461, 452 N.E.2d 1228 (1983) |
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65 | (16) |
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5 O'Neal v. Wilkes, 439 S.E.2d 490 (Ga. 1994) |
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81 | (19) |
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6 Via v. Putnam, 656 So.2d 460 (Fla. 1995) |
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100 | (23) |
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7 In re Estate of Myers, 256 Neb. 817, 594 N.W.2d 563 (1999) |
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123 | (26) |
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8 Egelhoff v. Egelhoff, 532 U.S. 141 (2001) |
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149 | (30) |
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9 Drevenik v. Nardone, 862 A.2d 635 (Super. Ct. Pa. 2004) |
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179 | (11) |
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10 Reece v. Elliott, 208 S.W.3d 419 (Tenn. Ct. App. 2006) |
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190 | (11) |
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11 Khabbaz v. Comm'r Soc. Sec. Admin., 930 A.2d 1180 (N.H. 2007) |
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201 | (19) |
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12 Karsenty v. Schoukroun, 959 A.2d 1147 (Md. 2008) |
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220 | (26) |
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| Index |
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246 | |
Deborah Gordon is Associate Professor of Law at Drexel University Thomas R. Kline School of Law. Previously, she served as Editor-in-Chief of the NYU Law Review and she practiced law for over ten years before joining the academy. Her scholarship explores the intersection of language, emotion, and gender in inheritance law. She is the co-author of Experiencing Trusts and Estates (2017). Browne Lewis is the dean at North Carolina Central University School of Law. She is a member of the American Law Institute and has been a Core Fulbright Scholar in London and a Senior Fulbright Specialist in Israel. Previously, she has published Papa's Baby: Paternity and Artificial Insemination (2012) and Arrogance, Avarice and Anguish: Addressing the Ethical and Legal Consequences of Posthumous Reproduction (2016). Carla Spivack is Oxford Research Professor of Law at Oklahoma City University School of Law. She holds a Ph.D. in English Literature from Boston College as well as a J.D. from New York University School of Law. Her dissertation was a study of backlash against female political power after the death of Elizabeth I. In her work, she focuses on gender and inequality.
