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Full-Text Articles in Law

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 …


Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii Apr 2012

Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii

West Virginia Law Review

No abstract provided.


"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker Jan 2012

"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker

Indiana Journal of Global Legal Studies

This Article, based on ethnographic fieldwork with an undocumented, youth-led immigrant rights organization, explores undocumented youth activism in the United States in relation to global anti-deportation movements. The strategies that undocumented youth utilize in their fight for the DREAM Act, a bill that creates provisions for certain undocumented youth to legalize their status, are compared with examples of anti-deportation activism outside the United States. In comparing the DREAM Act movement with anti-deportation movements globally, three points of commonality emerge: (1) leadership of undocumented immigrants; (2) visibility; and (3) measures of "deservingness." This Article argues that comparing examples of immigrant activism …


Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose Jan 2012

Greenpeace, Social Media, And The Possibility Of Global Deliberation On The Environment, Michael Roose

Indiana Journal of Global Legal Studies

Greenpeace uses the developmental republican model of democratic
governance for setting organizational policy. This model does an excellent
job of forming members into effective leaders who are committed to the
organization and its mission. However, Greenpeace could more effectively
encourage the global community to become involved in environmental
activism and set more responsive policy by employing an Internet-based
deliberative democracy policy-setting process.


Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller Jan 2012

Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller

Hofstra Law Review

In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”

One body of commentary that was not considered in this story was the region’s literature. Yet many of these works, …


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 …