Feminist Judgments: Rewritten Criminal Law Opinions

'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.

The only book to reimagine seminal U.S. criminal law opinions through a feminist lens
Introduces readers to the range of feminist approaches and includes cases involving the intersection of gender, race, class and nationality
Brings together prominent criminal law scholars, while also showcasing new voices on criminal law and gender

Reviews & endorsements

'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

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Product details

Published: December 2022
Format: Adobe eBook Reader
ISBN: 9781009089999
Length: 0 pages
Availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.

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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.

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About the authors

Contributors

Grayce Zelphine, Cortney Lollar, Carolyn B. Ramsey, Susan D. Rozelle, Catherine M. Grosso, Barbara O'Brien, Adam Crepelle, Melissa L. Tatum, JoAnne Sweeny, Michelle J. Anderson, John Felipe Acevedo, Leti Volpp, Anne E. Tweedy, Sarah Deer, Marie-Amélie George, Ben A. McJunkin, Kim Hai Pearson, Addie C. Rolnick, Lisa R. Avalos, Sarah L. Swan, Joan H. Krause, Martha R. Mahoney; Ruqaiijah Yearby, Aziza Ahmed, Sherri Lee Keene, Mary D. Fan, Aya Gruber, Kate Mogulescu, I. India Thusi

Editors

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 , University of Kansas
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 , University of Kansas
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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