Book contents
- Feminist Judgments: Rewritten Criminal Law Opinions
- Feminist Judgments Series
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Rewritten Criminal Law Opinions
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments: Rewritten Criminal Law Opinions
- Notes on Contributors
- Introduction and Overview
- Part I Gendered Justice
- Part II Gender on Trial
- 9 Commentary on State v. Williams
- 10 Commentary on State v. Walden
- 11 Commentary on State v. Norman
- 12 Commentary on Whitner v. State
- 13 Commentary on United States v. Nwoye
- 14 Commentary on Erotic Services Provider Legal Education and Research Project v. Gascon
11 - Commentary on State v. Norman
from Part II - Gender on Trial
Published online by Cambridge University Press: 01 December 2022
- Feminist Judgments: Rewritten Criminal Law Opinions
- Feminist Judgments Series
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Rewritten Criminal Law Opinions
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments: Rewritten Criminal Law Opinions
- Notes on Contributors
- Introduction and Overview
- Part I Gendered Justice
- Part II Gender on Trial
- 9 Commentary on State v. Williams
- 10 Commentary on State v. Walden
- 11 Commentary on State v. Norman
- 12 Commentary on Whitner v. State
- 13 Commentary on United States v. Nwoye
- 14 Commentary on Erotic Services Provider Legal Education and Research Project v. Gascon
Summary
This case is the first tribal appellate court case included in any of the Feminist Judgments volumes. The case deals with equal protection and gender discrimination, with facts somewhat analogous to Michael M. v. Superior Court, 450 U.S. 464 (1981). Three male juvenile defendants were charged with second-degree sexual assault (a gender-neutral statute), whereas their purported female sex partners were not charged. The Supreme Court of the Winnebago Tribe of Nebraska concluded that gender discrimination is subject to strict scrutiny under Winnebago law, and that the government had a compelling interest in charging only the male juveniles.
- Type
- Chapter
- Information
- Feminist Judgments: Rewritten Criminal Law Opinions , pp. 230 - 252Publisher: Cambridge University PressPrint publication year: 2022