Results for 'black movements in history'
Forum: The History of Neutrality: Dobbs and the Social-Movement Politics of History and Tradition
present, in struggles over reproduction and sexuality, some justices and popular movements adopted what I call a pluralist history-and-tradition test
Forum: Lessons from Lawrence: How “History” Gave Us Dobbs—And How History Can Help Overrule It
undermine any claim Dobbs might make to stare decisis treatment. Finally, Lawrence reveals history’s limited utility in modern constitutional disputes. The
Forum: History and Tradition’s Equality Problem
adopted history-and-tradition tests in several key areas of constitutional law. To determine the constitutionality of a gun regulation, courts must now
The History Wars and Property Law: Conquest and Slavery as Foundational to the Field
conception of the formative role of race. As a result, recent movements to reintegrate these topics into the field generally reflect a broader trend in
Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements
supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements
Forum: Dismantling the “Black Opticon”: Privacy, Race, Equity, and Online Data-Protection Reform
advocacy that is digitally mediated. While Black users and designers of online technology were once a faint presence in popular and academic discussions of
Remembering In re Turner: Popular Constitutionalism in the Reconstruction Era
Contested Images of Family Values: The Role of the State, 107 Harv. L. Rev… In her recent history of sexual violence and Black women’s survival in antebellum
In Loco Reipublicae
students to wear black armbands in protest of the Vietnam War, the Tinker Court held that, as long as children’s speech does not disrupt the learning
Forum: Intersectional Imperial Legacies in the U.S. Territories
politicians in the territories have introduced legislation attempting to limit reproductive rights further, mirroring similar movements on the U.S
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
defendants. Yet the idea of federal courts as responding to claims of injury has a long history. In 1803, Chief Justice Marshall famously insisted on