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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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