Abstract

http://ssrn.com/abstract=1661981
 
 

Footnotes (289)



 


 



Shotguns, Weddings, and Lunch Counters: Why Cultural Frames Matter to Constitutional Law


Anders Walker


Saint Louis University - School of Law

August 19, 2010

Florida State University Law Review, Vol. 38, p. 345, 2011
Saint Louis U. Legal Studies Research Paper No. 2010-25

Abstract:     
Drawing from social movement theory, this article shows that both the constitutional challenge to gun bans in Illinois and the constitutional challenge to California’s same-sex marriage ban have had to deal with issues of frame alignment similar to those confronted by the civil rights movement in the 1960s. Yet, it is the Second Amendment litigation, ironically, that has most closely followed the movement’s attention to aligning legal claims with cultural trends. Out of this analysis emerges a larger claim that the analytics of frame alignment, and social movement theory generally, deserves more attention by constitutional scholars, both as a uniform analytic for comparing divergent reform agendas, and for better understanding the central role of cultural frames in determining the parameters of constitutional rights.

Number of Pages in PDF File: 49

Keywords: civil rights, constitutional law, second amendment, 2nd amendment, same-sex marriage, Olsen, Sullivan, Wechsler, Marshall, marriage, free speech, culture, guns

Accepted Paper Series


Download This Paper

Date posted: August 22, 2010 ; Last revised: March 11, 2012

Suggested Citation

Walker, Anders, Shotguns, Weddings, and Lunch Counters: Why Cultural Frames Matter to Constitutional Law (August 19, 2010). Florida State University Law Review, Vol. 38, p. 345, 2011; Saint Louis U. Legal Studies Research Paper No. 2010-25. Available at SSRN: http://ssrn.com/abstract=1661981

Contact Information

Anders Walker (Contact Author)
Saint Louis University - School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States

Feedback to SSRN


Paper statistics
Abstract Views: 631
Downloads: 136
Download Rank: 124,299
Footnotes:  289

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.265 seconds