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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