Brook Tylka, ‘Getting to Tarasoff: A Gender-Based History of Tort Law Doctrine’

INTRODUCTION
… In this paper I will argue that Tarasoff represents the culmination of an expansion of tort law doctrines in California to include recovery for situations that disproportionately affect women, including torts that relate to intimate partner violence, and torts that disproportionately affect women in a caretaker role, such as emotional damage in the context of a familial death caused by negligence. Following Tarasoff, there was a retreat from this expansion due to political shifts on the Supreme Court. In addition to this discussion of Tarasoff, I will examine broader questions about how feminists have engaged with the legal system and the differing ideological opinions of feminist groups regarding expanding tort and criminal liability for intimate partner violence …

€ (Hein Online)

Tylka, Brook, ‘Getting to Tarasoff: A Gender-Based History of Tort Law Doctrine’ (2021) 16 California Legal History 237.

First posted 2021-11-04 19:00:47

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