WHY ASSOCIATIONS MATTER
Language: English
Published by University of Nebraska Press, 2020
- Hardcover
- New
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- Title
- WHY ASSOCIATIONS MATTER
- Author
- Sheahan, Luke C.
- Publisher
- University of Nebraska Press
- Publication year
- 2020
- Condition
- New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0700629254
- ISBN 13
- 9780700629251
Sheahan's argument centers upon what he calls the 'First Amendment Dichotomy' in the Court's theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis.
Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature - and guaranteeing this fundamental right its proper place in American society.
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