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Forum XXII (Spring 2022)

Rethinking Law

Going beyond constitutional jurisprudence as conventionally understood, some of today’s top legal experts consider the ways that legal thinking has bolstered—rather than corrected—injustice.

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Rethinking Law

A conservative Supreme Court is poised to roll back many progressive achievements, from affirmative action to abortion. In the forum that opens Rethinking Law, legal scholars Joseph Fishkin and William E. Forbath argue that the left must stop thinking of the law as separate from politics. Instead, we must recover a lost progressive vision, a “democracy of opportunity,” that sees the public—not the judiciary—as the ultimate arbiter of what the Constitution means.

Offering a nuanced picture of the relationship between law and politics, other essays in Rethinking Law further explore the meaning of law beyond the Constitution and the courts. They look to social movements, including civil rights and LGBTQ rights, for lessons about social transformation. While contributors debate the limits of law in a vastly unequal society, they agree that it remains an essential resource for building a more just world.


Editors’ Note

Deborah Chasman & Joshua Cohen


Forum

Lead Essay: Make Progressive Politics Constitutional Again

Joseph Fishkin & William E. Forbath

 

Response: Up From Originalism

Andrea Scoseria Katz

 

Response: The Imperial Roots of the Democracy of Opportunity

Aziz Rana

 

Response: Not Only Looking Backward

Mark Tushnet

 

Response: Beyond Neoclassical Antitrust

Sanjukta Paul

 

Response: The Hard Questions

Kate Andrias

 

Final Response

Joseph Fishkin & William E. Forbath


Essays

What Movements Do to Law

Amna A. Akbar, Sameer Ashar, & Jocelyn Simonson

 

How Law Made Neoliberalism

Amy Kapczynski, David Singh Grewal, & Jedediah Britton-Purdy

 

Legislating Reproductive Justice

Rachel Rebouché

 

What Makes Laws Unjust?

Randall Kennedy

 

Queer Liberation, In and Out of the Law

Mary Bernstein

 

Rethinking Human Rights

Zachary Manfredi

 

Law for Black Radical Liberation

Paul Gowder

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