The Path to Obergefell: Saying “I do” to New Judicial Federalism?

This Article analyses the significant role of state laws had helping shape the Supreme Court’s landmark decision for same-sex marriage in Obergefell v. Hodges. Nemacheck connects this success to a judicial federalism proposed by Justice Brennan in 1977, in which Brennan identified the process for protecting individual rights by litigating cases at the state court level. The Article identifies strategies from same-sex marriage advocates of first attaining protections at the state level, then move litigation toward to the Supreme Court once a significant numbers of states had approved. The author cites this state-level strategy as the necessary groundwork for the Obergefell decision, which occurred after marriage equality had already been approved in 36 states and Washington D.C

The Challenges of Gaming for Democratic Education

Video games are the most recent technological advancement to be viewed as an educational panacea and a force for democracy. However, this medium has particular affordances and constraints as a tool for democratic education in educational environments. This paper presents results from a study of the design and content of four iCivics games and their potential to meet the goals of democratic education. Specifically, we focus on the games as designed experiences, the nature and accuracy of the content, and the nature of intellectual engagement in the games. We find that the games, while easily accessible and aligned with standardized curriculum, do not provide opportunities to engage players in deliberative decision making on contemporary issues or to apply concepts from the game world to their role as citizens in training. Further, the game content is more “textbook” than the potentially dynamic and authentic types of civic engagement the medium of games can provide

The Challenges of Gaming for Democratic Education: The Case of iCivics

Video games are the most recent technological advancement to be viewed as an educational panacea and a force for democracy. However, this medium has particular affordances and constraints as a tool for democratic education in educational environments. This paper presents results from a study of the design and content of four iCivics games and their potential to meet the goals of democratic education. Specifically, we focus on the games as designed experiences, the nature and accuracy of the content, and the nature of intellectual engagement in the games. We find that the games, while easily accessible and aligned with standardized curriculum, do not provide opportunities to engage players in deliberative decision making on contemporary issues or to apply concepts from the game world to their role as citizens in training. Further, the game content is more “textbook” than the potentially dynamic and authentic types of civic engagement the medium of games can provide