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Feminist Judgments: Rewritten Criminal Law Opinions Bennett Capers (Fordham University, New York)

Feminist Judgments: Rewritten Criminal Law Opinions By Bennett Capers (Fordham University, New York)

Feminist Judgments: Rewritten Criminal Law Opinions by Bennett Capers (Fordham University, New York)


Summary

How might seminal criminal law cases have come out differently had feminist insights been applied to the development of criminal law? This book answers that question by re-writing opinions that implicate critical dimensions of criminal law jurisprudence, from sexual assault law to provocation, cultural defences and the death penalty.

Feminist Judgments: Rewritten Criminal Law Opinions Summary

Feminist Judgments: Rewritten Criminal Law Opinions by Bennett Capers (Fordham University, New York)

'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.

About Bennett Capers (Fordham University, New York)

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.

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-Amelie 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.

Additional information

NLS9781009095976
9781009095976
1009095978
Feminist Judgments: Rewritten Criminal Law Opinions by Bennett Capers (Fordham University, New York)
New
Paperback
Cambridge University Press
2022-12-15
425
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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