Child Categories
Congress & Legislation
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Dual Office Holding and the Constitution: A View from Hayburn’s Case
January 25, 2024
Mark Tushnet, Dual Office Holding and the Constitution: A View from Hayburn’s Case, in Origins of the Federal Judiciary: Essays on the Judiciary Act of…
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Mark Tushnet & Kenneth M. Holland, Judicial Activism and the Welfare State: A Debate, in The New Federalist Papers 384 (J. Jackson Barlow, Dennis J.
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Federal Law and the Courts in the Civil Rights Movement: Commentary
January 25, 2024
Mark Tushnet, Federal Law and the Courts in the Civil Rights Movement: Commentary, in The Civil Rights Movement in America 117 (Charles Eagles ed., 1986).
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Swift v. Tyson Exhumed
January 25, 2024
Mark Tushnet, Swift v. Tyson Exhumed, 79 Yale L.J. 284 (1969).
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Rethinking the Dormant Commerce Clause
January 25, 2024
Mark Tushnet, Rethinking the Dormant Commerce Clause, 1979 Wis. L. Rev. 125.
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Enforcement of National Law Against Subnational Units in the US
January 25, 2024
Mark Tushnet, Enforcement of National Law Against Subnational Units in the US, in The Enforcement of EU Law and Values: Ensuring Member States’ Compliance 316…
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Judicial Review of Legislation
January 25, 2024
Mark Tushnet, Judicial Review of Legislation, in The Oxford Handbook of Legal Studies 164 (Peter Cane & Mark Tushnet eds., 2003).
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The Relationship Between Judicial Review of Legislation and the Interpretation of Non-Constitutional Law, with Reference to Third Party Effect
January 25, 2024
Mark Tushnet, The Relationship Between Judicial Review of Legislation and the Interpretation of Non-Constitutional Law, with Reference to Third Party Effect, in The Constitution in…
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Emergencies and the Idea of Constitutionalism
January 25, 2024
Mark Tushnet, Emergencies and the Idea of Constitutionalism, in At War with Civil Rights and Civil Liberties 177 (Thomas E. Baker & John F. Stack,…
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Mark Tushnet, The Evolution of Federalism in the United States: A Continuing Convention?, in Towards a European Constitution A Historical and Political Comparison with the…
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Judicial Review
January 25, 2024
Mark Tushnet, Judicial Review, in Encyclopedia of the Supreme Court of the United States v. 2, at 60 (David S. Tanenhaus ed., 2008).
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Legal Reasoning in Congress
January 25, 2024
Mark Tushnet, Legal Reasoning in Congress, 95 Iowa L. Rev. Bull.. 81 (2010).
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Abolishing Judicial Review
January 25, 2024
Mark Tushnet, Abolishing Judicial Review, 27 Const. Comment. 581 (2011).
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Entrenching Good Government Reforms
January 25, 2024
Mark Tushnet, Entrenching Good Government Reforms, 34 Harv. J.L. & Pub. Pol’y 873 (2011).
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The Rights Revolution in the Twentieth Century
January 25, 2024
Mark Tushnet, The Rights Revolution in the Twentieth Century, in The Cambridge History of Law in America, v. 3, at 377 (Michael Grossberg & Christopher…
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The United States: Eclecticism in the Service of Pragmatism
January 25, 2024
Mark Tushnet, The United States: Eclecticism in the Service of Pragmatism, in Interpreting Constitutions: A Comparative Study (Jeffrey Goldsworthy ed., 2006).
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Some Reflections on Method in Comparative Constitutional Law
January 25, 2024
Mark Tushnet, Some Reflections on Method in Comparative Constitutional Law, in The Migration of Constitutional Ideas 67 (Sujit Choudhry ed., 2006).
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The Rise of the Weak-Form Judicial Review
January 25, 2024
Mark Tushnet, The Rise of the Weak-Form Judicial Review, in Comparative Constitutional Law 321 (Tom Ginsburg & Rosalind Dixon eds., Edward Elgar 2011).
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Taking the Constitution Away from the Courts
January 25, 2024
Mark Tushnet, Taking the Constitution Away from the Courts (Princeton Univ. Press 1999).
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Bills of Rights
January 25, 2024
Bills of Rights (The International Library of Essays on Rights) (Mark Tushnet ed., Ashgate 2007).
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Mark Tushnet, Federalism and International Human Rights in the New Constitutional Order, 47 Wayne L. Rev. 841 (2001).