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Full-Text Articles in Law

America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai Mar 2014

America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai

Robert L Tsai

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington Mar 2012

American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington

Mark Graber

Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.


Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren Hutchinson Dec 2008

Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Majority Politics And Race Based Remedies, Darren Hutchinson Dec 2006

Majority Politics And Race Based Remedies, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson Dec 2000

Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson Dec 1998

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson Dec 1998

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson Dec 1996

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson

Darren L Hutchinson

Article employs Critical Race Theory to analyze arguments made by movements for LGBT equality and in related legal theory. Article encourages scholars and advocates to utilize more multidimensional models of social justice that do not rest on the necessary compartmentalization of race, sexual orientation, class, and other identity markers.


Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson Dec 1989

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson

Darren L Hutchinson

No abstract provided.