Civil Liberties Outside the Courts

@article{Weinrib2015CivilLO,
  title={Civil Liberties Outside the Courts},
  author={L. Weinrib},
  journal={Supreme Court Review},
  year={2015},
  volume={2014},
  pages={297-362}
}
  • L. Weinrib
  • Published 2015
  • Sociology
  • Supreme Court Review
  • This article recovers the institutional alternatives to judicial enforcement of civil liberties during the New Deal. Based on archival research, it demonstrates that the court-based strategy was deeply contested and remained controversial well after the foundational First Amendment victories. Today, theories of civil liberties are premised on state neutrality in the domain of public debate; in the 1930s, the most prominent accounts demanded affirmative government intervention to correct… CONTINUE READING
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