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Articles 1 - 29 of 29
Full-Text Articles in Law
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Peer Zumbansen
No abstract provided.
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
Stephen M. Feldman
The nation's Cold War battle against the Soviet Union pervasively influenced American law and society, as numerous scholars have observed. The Cold War, for instance, spurred the strengthening of civil rights and the capitalist economy. The federal government needed to protect civil rights, at least symbolically, to deflect Soviet denunciations of democracy. Meanwhile, the ostentatious exhibition and use of American consumer products contrasted American economic prosperity with Soviet struggles. Thus, during the Cold War, the government and the capitalist leaders were bonded together in a struggle against the communist enemy. The overriding desire for Cold War victory tempered potential political …
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.
Frederick Douglass On Shelby County, Olympia Duhart
Frederick Douglass On Shelby County, Olympia Duhart
Journal of Race, Gender, and Ethnicity
No abstract provided.
Post Oppression, Christian B. Sundquist
Post Oppression, Christian B. Sundquist
Journal of Race, Gender, and Ethnicity
No abstract provided.
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason
Journal of Race, Gender, and Ethnicity
No abstract provided.
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Journal of Race, Gender, and Ethnicity
No abstract provided.
Setting Congress Up To Fail, Margaret B. Kwoka
Setting Congress Up To Fail, Margaret B. Kwoka
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Voting Game, Sarah R. Robinson
The Voting Game, Sarah R. Robinson
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Second Reconstruction Is Over, Robert V. Ward Jr.
The Second Reconstruction Is Over, Robert V. Ward Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Journal of Race, Gender, and Ethnicity
No abstract provided.
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Journal of Race, Gender, and Ethnicity
No abstract provided.
Demography And Democracy, Phyllis Goldfarb
Demography And Democracy, Phyllis Goldfarb
Journal of Race, Gender, and Ethnicity
No abstract provided.
Elimination Dance, Sarah Jane Forman
Elimination Dance, Sarah Jane Forman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Journal of Race, Gender, and Ethnicity
No abstract provided.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Election Law—Introduction, Jessica A. Levinson
Election Law—Introduction, Jessica A. Levinson
Loyola of Los Angeles Law Review
No abstract provided.
Democracy's Handmaid, Robert Tsai
Democracy's Handmaid, Robert Tsai
Robert L. Tsai
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
Ruth Buchanan
This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Xingzhong Yu
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …
An Addendum In Light Of Recent Developments, Bruce Ledewitz
An Addendum In Light Of Recent Developments, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Substance Of Self-Government, James E. Fleming
The Substance Of Self-Government, James E. Fleming
Faculty Scholarship
In Democratic Rights: The Substance of Self-Government, Corey Brettschneider develops an attractive and powerful conception of self-government - the value theory of democracy - that encompasses both substantive rights like privacy and procedural rights. Although he argues, following Habermas and Rawls, that substantive rights and procedural rights are "co-original," the structure of his theory may lead him to reduce the former into the latter and not fully to account for personal self-government in his conception of democratic self-government. The wages of his democratic justifications for substantive rights may be a surprising anxiety or unwarranted tension concerning judicial review protecting such …
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Jorge R Roig