Suchergebnisse

This article explores the role that law has played in insulating wives' household labor from market exchange. During the 19th century, the feminist movement challenged giving a husband property rights in his wife's labor and argued that wives were entitled to rights in labor they performed in and out of the household. Legislatures and courts ultimately granted wives rights in labor performed for third parties but refused to countenance any arrangement that would give a married woman rights in the labor performed for her husband or family. In particular, courts refused (and still refuse to this day) to enforce spousal agreements compensating wives for the performance of household labor. In reforming the law of marriage, legislatures and courts struggled to distinguish between market and family relations. In so doing, they imposed legal boundaries on the labor market and defined the economic structure of family transactions for the industrial era.

The constitution in 2020 / Jack M. Balkin and Reva B. Siege -- Fidelity to text and principle / Jack M. Balkin -- The future of progressive constitutionalism / Robert C. Post and Reva B. Siegel -- The minimalist constitution / Cass R. Sunstein -- Economic power and the constitution / Frank Michelman -- Social and economic rights in the American grain / William E. Forbath -- State action in 2020 / Mark Tushnet -- The missing jurisprudence of legislated constitutionalism / Robin West -- Remembering how to do equality / Jack M. Balkin and Reva B. Siegel -- The citizenship agenda / Bruce Ackerman -- National citizenship and the promise of educational opportunity / Goodwin Liu -- Terms of belonging / Rachel F. Moran -- Hopeless constitutionalism, hopeful pragmatism / Richard T. Ford -- Voting rights and the third reconstruction / Pam Karlan -- Political organizations and the future of democracy / Larry Kramer -- A progressive perspective on freedom of speech / Robert C. Post -- Information structures and the constitution of American society / Yochai Benkler -- The constitution in the national surveillance state / Jack M. Balkin -- The progressive past / Tracey L. Meares -- The framers' church-state problem and ours / Noah Feldman -- Progressives, the religion clauses, and the limits of secularism / William P. Marshall -- A liberal vision of American Family Law in 2020 / William N. Eskridge, Jr -- A progressive reproductive rights agenda for 2020 / Dawn E. Johnsen -- What's federalism for? / Judith Resnik -- Progressive constitutionalism and transnational law / Vicki C. Jackson -- "Strategies of the weak": thinking globally and acting locally toward a -- Progressive constitutional vision / David Cole -- America and the world / Harold Hongju Koh

The Bank of the United Ctates : a case study -- The constitution in the early republic -- Are we a nation? : the Jacksonian era to the Civil War, 1835-1865 -- From reconstruction to the new deal : 1866-1934 -- The new deal and the civil rights era -- Federalism, separation of powers, and national security in the modern era -- Race and the equal protection clause -- Sex equality -- Liberty, equality, and fundamental rights : the constitution, the family, and the body -- The constitution in the modern welfare state

The Bank of the United States : a case study -- The constitution in the early republic -- Are we a nation? : the Jacksonian era to the Civil War, 1835-1865 -- From reconstruction to the new deal : 1866-1934 -- The new deal and the civil rights era -- Federalism, separation of powers, and national security in the modern era -- Race and the Equal Protection Clause -- Sex equality -- Liberty, equality, and fundamental rights : the constitution, the family, and the body -- The constitution in the modern welfare state.

"What makes a Supreme Court decision a landmark? It has to have an immediate and profound effect on some aspect of people's daily lives, and it has to raise constitutional and political issues that go far beyond the immediate questions before the Court. Brown v. Board of Education was such a decision for the 1950s, and Roe v. Wade for the 1970s. It is already clear to constitutional scholars that Obergefell v. Hodges, which legalized same-sex marriage throughout the country, is such a case for our era. Yet the majority opinion, written by Justice Anthony Kennedy, satisfies hardly anyone. In this book, Jack Balkin has recruited thirteen leading scholars to serve as pretend Supreme Court justices, and together with himself as Chief Justice, they have produced twelve opinions that reflect, as the title has it, what the Court should have said. Including a majority opinion that is a masterpiece of doctrinal clarity, plus a range of both concurring and dissenting opinions, What Obergefell v. Hodges Should Have Said is a brilliant exploration of constitutional paths not taken. It will make compelling reading for constitutional scholars, students, those interested in the issues surrounding same-sex marriage, and anyone with an interest in constitutional reasoning at the highest level"--

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg