Feminist Judgments: Rewritten Criminal Law Opinions

This book demonstrates the difference a feminist approach to criminal law could make in all of our lives.

Bennett Capers (Edited by), Sarah Deer (Edited by), Corey Rayburn Yung (Edited by)

9781316515112, Cambridge University Press

Hardback, published 15 December 2022

425 pages
23.5 x 15.9 x 2.3 cm, 0.62 kg

'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.

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.

Subject Areas: Criminal justice law [LNFB], Law & society [LAQ], Feminism & feminist theory [JFFK]