Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Book Reviews
This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Journal Articles
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank
Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
All Faculty Scholarship
No abstract provided.