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15 results

  • 1 - Introduction to the Feminist Judgments: Rewritten Trusts and Estates Opinions Project

  • Edited by Deborah S. Gordon, Drexel University, Philadelphia, Browne C. Lewis, Carla Spivack
  • Book:
    Feminist Judgments
    Published online:
    28 August 2020
    Print publication:
    17 September 2020, pp 1-16

  • Summary

    How would judicial opinions change if the judges were to use feminist methods and perspectives when deciding cases? That is the question that various groups of scholars, working around the globe and mostly independently of each other, have taken up in a series of books of “shadow opinions” – literally, rewritten judicial decisions – using precedents, authorities, theories, and approaches that were in existence at the time of the original decision to reach radically different outcomes and often using saliently different reasoning. This global sociolegal movement toward critical opinion writing originated when a group of lawyers and law professors who called themselves the Women’s Court of Canada published a series of six rewritten decisions in 2008 in the Canadian Journal of Women and the Law. Inspired by that project, scholars have produced similar projects in the United Kingdom, Australia, the United States, Ireland, and New Zealand/Aotearoa. There is an international law feminist judgments project and a Scottish project. Other feminist judgments projects are underway in India, Africa, and Mexico.

Feminist Judgments
  • Rewritten Trusts and Estates Opinions
  • Edited by Deborah S. Gordon, Browne C. Lewis, Carla Spivack
  • Published online:
    28 August 2020
    Print publication:
    17 September 2020
  • 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.

  • Jürgen Wirtgen & others v. The Czech Republic, PCA Case No.2014-03

  • Carla Lewis
  • Journal:
    World Trade Review / Volume 18 / Issue 3 / July 2019
    Published online by Cambridge University Press:
    07 August 2019, pp. 527-531
    Print publication:
    July 2019

  • On 11 October 2017, an ad hoc tribunal seated in Geneva and chaired by Professor Gabrielle Kaufmann-Kohler, with co-arbitrators Gary Born (Claimants' appointee, dissenting) and Judge Peter Tomka (Respondent's appointee), issued its award in Jürgen Wirtgen & others v. The Czech Republic (the Award). The Tribunal dismissed the Claimants' claims in full and ordered the Parties to bear their own legal costs and expenses.

  • Examining E-Cigarette Purchases and Cessation in a Consumer Panel of Smokers

  • Zachary Cahn, Regine Haardörfer, Michael Lewis, Yanwen Wang, Carla J. Berg
  • Journal:
    Journal of Smoking Cessation / Volume 14 / Issue 1 / March 2019
    Published online by Cambridge University Press:
    05 April 2018, pp. 32-41
    Print publication:
    March 2019
    • Article
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  • Objectives: Examine correlates of initiation of e-cigarette use among smokers and determine the impact of e-cigarette use on cessation among smokers in a national U.S. consumer panel.

    Methods: This study used the Nielsen Homescan Panel data from 2011 to 2013, augmented with state-specific measures of tobacco control activities, to examine (1) correlates of single and repeat e-cigarette purchasing among panellists currently purchasing cigarettes; and (2) correlates of ‘cessation’. Participating panellists scanned all retail purchases, and Nielsen recorded over 3 million product types. The key explanatory variable for cessation was e-cigarette purchase. Parallel analysis was conducted for conventional nicotine replacement therapy (NRT) purchase. Cessation was defined as no purchases for at least 6 months and no subsequent purchases until the end of 2013. Analysis was conducted in 2015. E-cigarettes tracked by Nielsen during this period were cig-a-like products resembling tobacco cigarettes in appearance.

    Results: Single e-cigarette purchase was associated with whether the panellist resided in a single person male household and bought a higher volume of cigarettes. Repeat purchase was associated with higher state cigarette taxes, less stringent state public smoke-free policies, lower cigarette prices, and more frequent cigarette purchasing. Cessation was associated with repeat e-cigarette purchasing, repeat NRT purchasing, younger age, lower monthly cigarette volume, less frequent purchasing of cigarettes, less recent cigarette purchase at baseline, and single e-cigarette purchase before baseline.

    Conclusions: Both individual and policy variables were associated with e-cigarette use. Repeat e-cigarette purchase was associated with cigarette purchase discontinuation, as were various smoking intensity measures.