How to Make a New Tort: Three Paradoxes by Anita Bernstein

Austin, Texas; Texas Law Review 1539-1564

1996-1997

Bernstein explores the way that torts are constructed and how they can serve feminist purposes. She argues that in order for a new tort to succeed in rectifying harms done to women, the tort must be constructed in a way that makes it appear as if it were not novel, not rooted in tort but in contract, and does not arise out of feminist agency.

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