Overview

'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.

Full Product Details

Author:   Bennett Capers (Fordham University, New York) ,  Sarah Deer (University of Kansas) ,  Corey Rayburn Yung (University of Kansas)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Edition:   New edition
Dimensions:   Width: 15.90cm , Height: 2.30cm , Length: 23.50cm
Weight:   0.620kg
ISBN:  

9781316515112

ISBN 10:   1316515117
Pages:   425
Publication Date:   15 December 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction and Overview; Part I. Gendered Justice: 1. McQuirter v. State; Commentary: Grayce Zelphine; Judgment: Cortney Lollar; 2. People v. Berry; Commentary: Carolyn B. Ramsey; Judgment: Susan D. Rozelle; 3. Coker v. Georgia; Commentary: Catherine M. Grosso and Barbara O'Brien; 4. Oliphant v. Suquamish Indian Tribe; Commentary: Adam Crepelle; Judgment: Melissa L. Tatum; 5. State v. Rusk; Commentary: JoAnne Sweeny: Judgement Michelle J. Anderson; 6. People v. Wu; Commentary: John Felipe Acevedo; Judgment: Leti Volpp; 7. Winnebago Tribe of Nebraska v. Bigfire; Commentary: Anne E. Tweedy; Judgment: Sarah Deer; 8. Commonwealth v. Blache; Commentary: Marie-Amélie George; Judgement: Ben A. McJunkin; Part II. Gender on Trial; 9. State v. Williams; Commentary: Kim Hai Pearson; Judgment: Addie C. Rolnick; 10. State v. Walden; Commentary: Lisa R. Avalos; Judgement: Sarah L. Swan; 11. State v. Norman; Commentary: Joan H. Krause; Judgment: Martha R. Mahoney; 12. Whitner v. State; Commentary: Ruqaiijah Yearby; Judgment: Aziza Ahmed; 13. United States v. Nwoye; Commentary: Sherri Lee Keene; Judgment: Mary D. Fan; 14. Erotic Services Provider Legal Education and Research Project v. Gascon; Commentary: Aya Gruber and Kate Mogulescu; Judgment: I. India Thusi.

Reviews

'This book is an ambitious project that absolutely succeeds. … Highly recommended.' C. Shortell, Choice ' The book provides a real engagement with and focus on intersectional and postcolonial feminism and is noteworthy in this regard.' Anne Carline, Journal of Law and Society 'In this book, this broader historical, social, and legal context is well articulated in both the commentaries and the rewritten opinions, with the contributors making use of an array of data and materials that do the significant work of elucidating the material impact of law on women's lives.' Anna Carline, Journal of Law and Society

Author Information

Bennett Capers is a Professor of Law at Fordham Law School, where he is also the Director of the Center on Race, Law, and Justice. He has published widely in law journals on the intersection of race, gender, and criminal justice, and is the author of The Prosecutor's Turn (Metropolitan Books). His commentary and op-eds have appeared in the New York Times, Washington Post, and other journals. Sarah Deer is a citizen of the Muscogee (Creek) Nation of Oklahoma. Deer was named a MacArthur Fellow in 2014 and a Carnegie Fellow in 2020. She teaches at the University of Kansas, where she holds a joint appointment in Women, Gender, and Sexuality Studies and the School of Public Affairs and Administration. Her efforts to address crime on Indian reservations have received national awards from the American Bar Association and the Department of Justice. Corey Rayburn Yung is the William R. Scott Research Professor at the University of Kansas School of Law and a former Lisa Goldberg Fellow at the Harvard Radcliffe Institute. His scholarship about criminal law, sexual violence, and policing has influenced state criminal justice reform measures and has been cited by courts across the country, including the Supreme Court of the United States.

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