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Journal Articles

University at Buffalo School of Law

Democracy

2014

Articles 1 - 2 of 2

Full-Text Articles in Law

Partitioning And Rights: The Supreme Court’S Accidental Jurisprudence Of Democratic Process, James A. Gardner Jan 2014

Partitioning And Rights: The Supreme Court’S Accidental Jurisprudence Of Democratic Process, James A. Gardner

Journal Articles

In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account – a theory – of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, …


Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua Jan 2014

Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua

Journal Articles

ClassCrits is a network of scholars and activists interested in critical analysis of law, the economy, and inequality. We aim to better integrate the rich diversity of economic methods and theories into law by exploring and engaging a variety of heterodox economic theories; including reviving, from the margins and shadowy past, discussions of class relations and their possible relevance to the contemporary context.

As a participant in the ClassCrits VI conference entitled, “Stuck in Forward: Debt, Austerity and the Possibilities of the Political”, I sat there at the end of the first day and puzzled over the fact that our …