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New Frontiers of State Constitutional Law: Dual Enforcement of Norms

James A. Gardner and Jim Rossi (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.001.0001
Subject:
Law, Constitutional and Administrative Law

This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this ... More


What are Campaigns For?: The Role of Persuasion in Electoral Law and Politics

James A. Gardner

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195392616
eISBN:
9780199855438
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195392616.001.0001
Subject:
Law, Constitutional and Administrative Law

Election campaigns ought to be serious occasions in the life of a democratic polity—or so we profess to believe. Americans, however, are haunted by the fear that their election campaigns fall far ... More


Aspiring to Be Iowan: Same-Sex Marriage and the End of Gayness As We Know It

Yvonne Zylan

in States of Passion: Law, Identity, and Social Construction of Desire

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199735082
eISBN:
9780199894802
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735082.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter uses the framework developed in Chapter 3 to examine same-sex marriage. Topics discussed include same-sex marriage litigation, the nature of marriage, and how same-sex marriage ... More


How Does a “Republican Form of Government” Differ from “Democracy” (and to which should We Be Committed Today)?

Sanford Levinson

in Framed: America's 51 Constitutions and the Crisis of Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199890750
eISBN:
9780190260088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199890750.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a “republican form of government” differs from “democracy” in the United States. It suggests that what counts as an adequately “representative” democracy is not fully ... More


Living Constitutionalism: Activism Unleashed

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Justice William J. Brennan's theory of living constitutionalism. Brennan believed that the evolution of textual meaning is not only possible but desirable. He emphatically ... More


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