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Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley Apr 2012

Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley

Scholarly Articles

Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of deliberate, deeply debated movements, Ackerman has shifted the scholarly lens to unintentional and unanticipated structural variations. Ackerman focuses his book on the political processes and events that have fostered potentially illegitimate constitutional remodeling. He acknowledges that certain features of legal scholarship have contributed to a lack of awareness of slow, structural drift, but he …


Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo Dec 2011

Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …