What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document\u27s text,\u27 and rarer still because scholars or judges discovered new information about the Constitution\u27s original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ( IBSMs ) of the twentieth century
One or another form of historical fidelity has long been in the repetoire of constitutional interpre...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
In these brief reflections presented at the University of Detroit Mercy Law Review’s March 2011 Symp...
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did i...
Social movements change the ways Americans understand the Constitution. Social movement conflict, en...
Did the framers and ratifiers of the United States Constitution think that changes in American socie...
The first Part of this Article poses a descriptive, sociological-type model of the multifaceted infl...
Did the framers and ratifiers of the United States Constitution think that changes in American socie...
How should constitutional designers structure the rules of constitutional change? Much has been writ...
Scholars have written volumes about the dramatic constitutional changes that occurred in the United ...
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constituti...
textThis dissertation examines the interaction between American social movements as they pursue thei...
Contemporary democracies-both long-standing and recently- established-follow a standard that was est...
The thrust of this Article is to attempt to ascertain just what differences the Court\u27s judgments...
The law within each legal system is a function of the practices of some social group. In short, law ...
One or another form of historical fidelity has long been in the repetoire of constitutional interpre...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
In these brief reflections presented at the University of Detroit Mercy Law Review’s March 2011 Symp...
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did i...
Social movements change the ways Americans understand the Constitution. Social movement conflict, en...
Did the framers and ratifiers of the United States Constitution think that changes in American socie...
The first Part of this Article poses a descriptive, sociological-type model of the multifaceted infl...
Did the framers and ratifiers of the United States Constitution think that changes in American socie...
How should constitutional designers structure the rules of constitutional change? Much has been writ...
Scholars have written volumes about the dramatic constitutional changes that occurred in the United ...
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constituti...
textThis dissertation examines the interaction between American social movements as they pursue thei...
Contemporary democracies-both long-standing and recently- established-follow a standard that was est...
The thrust of this Article is to attempt to ascertain just what differences the Court\u27s judgments...
The law within each legal system is a function of the practices of some social group. In short, law ...
One or another form of historical fidelity has long been in the repetoire of constitutional interpre...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
In these brief reflections presented at the University of Detroit Mercy Law Review’s March 2011 Symp...