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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    36 Citations
    Background Citations
    1
    36 Citations
    Citation Type

    Citation Type

    Judicial Independence and the Rationing of Constitutional Remedies
    • 12
    • PDF
    Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature
    • 11
    • PDF
    Unbundling Criminal Trial Rights
    • 38
    The Psychology of Corporate Rights
    • 1
    • PDF
    Criminal Corruption: Why Broad Definitions of Bribery Make Things Worse
    • 32
    Legal Realism and Legal Doctrine
    • 4
    Second-Order Regulation of Law Enforcement
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    • PDF
    Sharing the Necessary and Proper Clause
    • 3
    • PDF
    The Law of Police
    • 6
    • PDF
    Redundant Public-Private Enforcement
    • 8
    • PDF

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