Cover

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Title Page

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p. iii

Copyright Page, Dedication

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pp. iv-v

Contents

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p. vii

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Preface

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pp. ix-xiv

The Constitution of Interests sets forth a theory of law, rhetoric, and movement politics and applies it to various instances when Americans have organized in the shadow of the law. The interests developed in the following chapters concern gay rights, realism in the legal academy, the remedial response to law called "informalism," and the radical feminist...

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Chapter 1 Legal Forms: Toward a Constitutive Theory

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pp. 1-27

Distinctive legal forms have defined various interests in American history. A constitutional confederacy bound the Six Nations of the Iroquois. The compact drawn up by the Pilgrims on the Mayflower was the basis for their short-lived community at Plymouth. Legal routines and a special language established the form in which Americans declared their...

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Chapter 2 Rights to Profligacy?: Sex and AIDS, the Early Years

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pp. 29-50

Rights demand a response from people in authority. As an artifact of the law, they claim an obligation from government generally and usually litigation processes in particular. Yet rights also signal a vulnerable community turning to law, often simply in the hope of surviving. Americans, at least those of the recent past, have heralded rights....

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Chapter 3 Professions of Realism: An Institutional Form

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pp. 51-75

In the late spring of 1990, Derrick Bell—a professor at Harvard Law School, the distinguished author of "The Civil Rights Chronicles,' And We Are Not Saved, and Faces at the Bottom of the Well, and former dean of the University of Oregon Law School—announced that he would turn down his salary in protest over Harvard's failure to hire a black...

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Chapter 4 Remedial Law: The Ideology of Informalism

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pp. 77-102

A desire for peace, for conciliation— a remedial urge—this is the social consequence of informalism, the "alternative" to law that has been such a preoccupation around the legal profession since it surfaced in the 1970s. For the last twenty-five years, the remedial orientation, as informalism, spawned a new profession with associations, conferences, and careers. Groups such as the...

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Chapter 5 Radical Legal Consciousness: Sex and Rage

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pp. 103-128

Coming from England to America in the seventeenth century must have taken considerable motivation, but the men and women who made the voyage could stand to live with their countrymen no longer. These were intense people, perhaps even angry people. However, their anger must have been largely focused on religious institutions because the political and legal institutions they...

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Chapter 6 The Constitution of Interests: Rethinking Legalism

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pp. 129-154

Americans often look too hard for law, and, consequently, we tend to look past it. We expect laws to be tucked away in the inner offices of law firms, in difficult-to-access law libraries, or in obscure professional practices. But law also hides beneath our noses, in social and cultural practices. This law that we don't notice is powerful. As part of the landscape,...

Notes

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pp. 155-195

Bibliography

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pp. 197-217

Index

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pp. 219-224