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'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.
By re-writing US Supreme Court opinions that implicate critical
dimensions of racial justice, Critical Race Judgments demonstrates
that it's possible to be judge and a critical race theorist.
Specific issues covered in these cases include the death penalty,
employment, voting, policing, education, the environment, justice,
housing, immigration, sexual orientation, segregation, and mass
incarceration. While some rewritten cases - Plessy v. Ferguson
(which constitutionalized Jim Crow) and Korematsu v. United States
(which constitutionalized internment) - originally focused on race,
many of the rewritten opinions - Lawrence v. Texas (which
constitutionalized sodomy laws) and Roe v. Wade (which
constitutionalized a woman's right to choose) - are used to
incorporate racial justice principles in novel and important ways.
This work is essential for everyone who needs to understand why
critical race theory must be deployed in constitutional law to
uphold and advance racial justice principles that are foundational
to US democracy.
Increasingly, students and faculty are demanding more critique when
it comes to the study of criminal law, especially with respect to
issues of race, gender, disability, sexuality, and class. This
challenging, yet student-friendly, casebook—the first authored
solely by Black men—answers this demand. Criminal Law: A Critical
Approach provides clear articulations of core criminal law
doctrines and concepts, while at the same time encouraging students
to think critically about a host of issues tied to the world in
which we live. Against the backdrop of mass incarceration,
over-criminalization, and disparities along lines of race, gender,
class, sexuality, and disability, this casebook: encourages
students to see the criminal law as a system; uses the criminal
system pyramid to introduce student to the range of social controls
inherent in the criminal system; addresses sources and topics of
criminalization that are often overlooked by more traditional
casebooks, including non-violent and victimless crimes that
constitute the bulk of real-world criminal prosecutions; provides
students with an understanding of arguments for prison abolition,
defunding the police, and alternatives to incarceration; and
encourages students to think comparatively through discussion of
how legal systems have addressed crime at other times and in other
countries. With its mixture of doctrine, theory, and policy, this
is a textbook designed to provide a diverse range of resources to
help professors challenge the students of today and prepare the
lawyer-leaders of tomorrow.
Increasingly, students and faculty are demanding more critique when
it comes to the study of criminal law, especially with respect to
issues of race, gender, disability, sexuality, and class. This
challenging, yet student-friendly, casebook—the first authored
solely by Black men—answers this demand. Criminal Law: A Critical
Approach provides clear articulations of core criminal law
doctrines and concepts, while at the same time encouraging students
to think critically about a host of issues tied to the world in
which we live. Against the backdrop of mass incarceration,
over-criminalization, and disparities along lines of race, gender,
class, sexuality, and disability, this casebook: encourages
students to see the criminal law as a system; uses the criminal
system pyramid to introduce student to the range of social controls
inherent in the criminal system; addresses sources and topics of
criminalization that are often overlooked by more traditional
casebooks, including non-violent and victimless crimes that
constitute the bulk of real-world criminal prosecutions; provides
students with an understanding of arguments for prison abolition,
defunding the police, and alternatives to incarceration; and
encourages students to think comparatively through discussion of
how legal systems have addressed crime at other times and in other
countries. With its mixture of doctrine, theory, and policy, this
is a textbook designed to provide a diverse range of resources to
help professors challenge the students of today and prepare the
lawyer-leaders of tomorrow.
'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.
By re-writing US Supreme Court opinions that implicate critical
dimensions of racial justice, Critical Race Judgments demonstrates
that it's possible to be judge and a critical race theorist.
Specific issues covered in these cases include the death penalty,
employment, voting, policing, education, the environment, justice,
housing, immigration, sexual orientation, segregation, and mass
incarceration. While some rewritten cases - Plessy v. Ferguson
(which constitutionalized Jim Crow) and Korematsu v. United States
(which constitutionalized internment) - originally focused on race,
many of the rewritten opinions - Lawrence v. Texas (which
constitutionalized sodomy laws) and Roe v. Wade (which
constitutionalized a woman's right to choose) - are used to
incorporate racial justice principles in novel and important ways.
This work is essential for everyone who needs to understand why
critical race theory must be deployed in constitutional law to
uphold and advance racial justice principles that are foundational
to US democracy.
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