Book contents
- feminist judgments: rewritten tort opinions
- Feminist Judgments Series Editors
- Feminist Judgments: Rewritten Tort Opinions
- Copyright page
- Contents
- Notes on Contributors
- Preface
- Table of Cases
- Part I Introduction
- Part II The Classics
- 2 Commentary on Palsgraf v. Long Island Railroad Co.
- 3 Commentary on Escola v. Coca-Cola Bottling Co. of Fresno
- 4 Commentary on Farwell v. Keaton
- 5 Commentary on Tarasoff v. Regents of University of California
- Part III Intentional Torts
- Part IV Negligence and Vicarious Liability
- Part V Damages
- Index
5 - Commentary on Tarasoff v. Regents of University of California
from Part II - The Classics
Published online by Cambridge University Press: 28 November 2020
- feminist judgments: rewritten tort opinions
- Feminist Judgments Series Editors
- Feminist Judgments: Rewritten Tort Opinions
- Copyright page
- Contents
- Notes on Contributors
- Preface
- Table of Cases
- Part I Introduction
- Part II The Classics
- 2 Commentary on Palsgraf v. Long Island Railroad Co.
- 3 Commentary on Escola v. Coca-Cola Bottling Co. of Fresno
- 4 Commentary on Farwell v. Keaton
- 5 Commentary on Tarasoff v. Regents of University of California
- Part III Intentional Torts
- Part IV Negligence and Vicarious Liability
- Part V Damages
- Index
Summary
Tarasoff v. Regents of University of California is a famous and still controversial decision by the California Supreme Court that held that a campus psychotherapist owed a duty to warn a woman whom his patient had threatened to kill. When the patient carried out his threat, the victim’s family sued the University, claiming that the therapist and campus police failed to exercise reasonable care to protect their daughter. The rewritten feminist opinion goes beyond the original majority opinion and imposes a duty on both the therapist and the campus police. It reveals the full story of the Berkeley student’s stalking and delusional romance with the victim and reframes the case as one of gender violence. Under the feminist judgment, victims of domestic violence would have a right to call on the state for protection against physical harm. The accompanying commentary explains the struggle on the California Supreme Court and the difficulties of holding law enforcement accountable in sexual and domestic violence cases.
Keywords
- Type
- Chapter
- Information
- Feminist Judgments: Rewritten Tort Opinions , pp. 93 - 118Publisher: Cambridge University PressPrint publication year: 2020