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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.
Taxation --- Income tax --- Tax administration and procedure --- Fiscal policy --- Duties --- Fee system (Taxation) --- Tax policy --- Tax reform --- Taxation, Incidence of --- Taxes --- Finance, Public --- Revenue --- Law and legislation --- Social aspects --- Law --- General and Others --- Taxation - Law and legislation - United States --- Taxation - Social aspects - United States --- Income tax - Law and legislation - United States --- Tax administration and procedure - United States --- Fiscal policy - United States --- Etats-Unis
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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.
Taxation --- Sex discrimination --- Feminist jurisprudence --- Feminism, Legal --- Legal feminism --- Feminist theory --- Jurisprudence --- Discrimination, Sexual --- Gender discrimination --- Sexual discrimination --- Discrimination --- Sexism --- Gender mainstreaming --- Law and legislation
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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.
Women --- Discrimination --- Feminist jurisprudence --- Feminism, Legal --- Legal feminism --- Feminist theory --- Jurisprudence --- Bias --- Interpersonal relations --- Minorities --- Toleration --- Legal status, laws, etc. --- Law and legislation --- Equality before the law --- Feminism --- History --- Equal rights --- Civil rights --- Justice --- Equal rights amendments
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