University of Virginia Legal Working Paper Series

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University of Virginia Public Law and Legal Theory Working Paper Series

 

Civil Rights and Civil Liberties - United States

Michael J. Klarman, University of Virginia School of Law

Article comments

Forthcoming: Oxford Encyclopedia of Legal History

Abstract

Civil Rights and Civil Liberties–United States: This 6,000-word essay, to be published in the Oxford Encyclopedia of Legal History, considers several issues concerning civil rights and civil liberties in the United States. First, it notes several problems with defining the topic. Second, it examines the historical conditions under which particular rights have gained popularity. Finally, the essay considers several issues involving the judicial enforcement of rights: the inclination and capacity of courts to defend unpopular rights; the enforceability of court decisions protecting rights; the unpredictable consequences of such rulings; and the characteristics of a right that render courts most likely to protect it.

Subject Area

Civil Rights

Recommended Citation

Michael J. Klarman, "Civil Rights and Civil Liberties - United States" (May 2004). University of Virginia Legal Working Paper Series. University of Virginia Public Law and Legal Theory Working Paper Series. Working Paper 3.
http://law.bepress.com/uvalwps/uva_publiclaw/art3

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