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Law and Race Commons

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Constitutional Law

Selected Works

Gerald Torres

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Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres Feb 2015

Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres

Gerald Torres

This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes that …