Add to ORKGProfessor Lani Guinier and others have recently developed a theory called “demosprudence” that explains the democracy-enhancing potential of certain types of U.S. Supreme Court dissents. Separately, state constitutionalists have described state constitutions’ capacity to offer a base of resistance against the U.S. Supreme Court’s narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence
This article offers a brief sketch of some of Professor Eisgruber\u27s main conclusions, and a few o...
Do courts matter?Historically, many social movements have turned to the courts to help achieve sweep...
Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answe...
Professor Lani Guinier and others have recently developed a theory called “demosprudence” that expla...
Professor Lani Guinier and others have recently developed a theory called demosprudence that expla...
In democracies that allocate to a court responsibility for interpreting and enforcing the constituti...
In democracies that allocate to a court responsibility for interpreting and enforcing the constituti...
Scholars of popular constitutionalism have persuasively argued that an array of nonjudicial actors—s...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
No problem generates more debate among constitutional scholars than how to approach constitutional i...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
This article talks about the role of Supreme Court in American democracy. Further it expands on the ...
Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wol...
Justice Souter\u27s imminent retirement from the U.S. Supreme Court provides President Obama with hi...
This research examines the role of direct democracy in a federal system of government and why states...
This article offers a brief sketch of some of Professor Eisgruber\u27s main conclusions, and a few o...
Do courts matter?Historically, many social movements have turned to the courts to help achieve sweep...
Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answe...
Professor Lani Guinier and others have recently developed a theory called “demosprudence” that expla...
Professor Lani Guinier and others have recently developed a theory called demosprudence that expla...
In democracies that allocate to a court responsibility for interpreting and enforcing the constituti...
In democracies that allocate to a court responsibility for interpreting and enforcing the constituti...
Scholars of popular constitutionalism have persuasively argued that an array of nonjudicial actors—s...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
No problem generates more debate among constitutional scholars than how to approach constitutional i...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
This article talks about the role of Supreme Court in American democracy. Further it expands on the ...
Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wol...
Justice Souter\u27s imminent retirement from the U.S. Supreme Court provides President Obama with hi...
This research examines the role of direct democracy in a federal system of government and why states...
This article offers a brief sketch of some of Professor Eisgruber\u27s main conclusions, and a few o...
Do courts matter?Historically, many social movements have turned to the courts to help achieve sweep...
Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answe...