Child Categories
Congress & Legislation
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Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine
January 25, 2024
Mark Tushnet, Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine, 80 N.C. L. Rev. 1203 (2002).
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Nonjudicial Review
January 25, 2024
Mark Tushnet, Nonjudicial Review (Geo. Pub. Law Res. Paper No. 298007, 2002).
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Constitutional Hardball
January 25, 2024
Mark V. Tushnet, Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004).
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Against Judicial Review
January 25, 2024
Mark Tushnet, Against Judicial Review (Harv. Law Sch. Pub. L. & Legal Theory Res. Paper Series, Working Paper No. 09-20, 2009).
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Dialogue and Constitutional Duty
January 25, 2024
Mark Tushnet, Dialogue and Constitutional Duty (Harv. Pub. L. Working Paper No. 12-10, Mar. 20, 2012).
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Globalization and Federalism in a Post-Printz World
January 25, 2024
Mark Tushnet, Globalization and Federalism in a Post-Printz World, 36 Tulsa L.J. 11 (2013).
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Alarmism Versus Moderation in Responding to the Rehnquist Court
January 25, 2024
Mark Tushnet, Alarmism Versus Moderation in Responding to the Rehnquist Court, 78 Ind. L.J. 47 (2003).
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Symposium Introduction: Legislation and the Law of Politics
January 25, 2024
Mark Tushnet, Symposium Introduction: Legislation and the Law of Politics, 46 Harv. J. on Legis. 211 (2009).
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Mark Tushnet, Why Are There No Coalition Governments in the United States?: A Speculative Essay, 94 B.U. L. Rev. 961 (2014).
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Controlling Executive Power in the War on Terrorism
January 25, 2024
Mark Tushnet, Controlling Executive Power in the War on Terrorism, 188 Harv. L. Rev. 2673 (2005).
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Constitutional Interpretation Outside the Courts
January 25, 2024
Mark Tushnet, Constitutional Interpretation Outside the Courts, 37 J. Interdisc. Hist. 415 (2007) (reviewing David P. Currie, The Constitution of Congress (1997, 2001, 2005 &…
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How Different are Waldron’s and Fallon’s Core Cases For and Against Judicial Review?
January 25, 2024
Mark Tushnet, How Different are Waldron’s and Fallon’s Core Cases For and Against Judicial Review?, 30 Oxford J. Legal Stud. 49 (2010).
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Is Congress Capable of Conscientious, Responsible Constitutional Interpretation? Some Notes on Congressional Capacity to Interpret the Constitution
January 25, 2024
Mark Tushnet, Is Congress Capable of Conscientious, Responsible Constitutional Interpretation? Some Notes on Congressional Capacity to Interpret the Constitution, 89 B.U. L. Rev. 499 (2009).
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Mark Tushnet, Introduction: Reflections on the First Amendment and the Information Economy, 127 Harv. L. Rev. 2234 (2014).
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Book Review: Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism
January 25, 2024
Mark Tushnet, Book Review, 122 Pol. Sci. Q. 316 (2007)(Bruce Ackerman, Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism (2006)).
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Legislative and Executive Stare Decisis
January 25, 2024
Mark Tushnet, Legislative and Executive Stare Decisis, 83 Notre Dame L. Rev. 1339 (2008).
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To Become Speaker, McCarthy Undercuts Law, Order, and Country
January 25, 2024
Laurence H. Tribe & Dennis Aftergut, To Become Speaker, McCarthy Undercuts Law, Order, and Country, Verdict (Jan. 9, 2023).
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Does American Law Currently Authorize the President to Seize Sovereign Russian Assets?
January 25, 2024
Laurence H. Tribe, Does American Law Currently Authorize the President to Seize Sovereign Russian Assets?, Lawfare (May 23, 2022).
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Laurence H. Tribe, Trump Adviser Steve Bannon’s Indictment and Arrest Are a Win for the Rule of Law, NBC News (Nov. 15, 2021).
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How to Prevent the Legal Strategy that Nearly Undid the Last Election from Ending Democracy
January 25, 2024
Laurence H. Tribe, Neil H. Buchanan & Michael C. Dorf, How to Prevent the Legal Strategy that Nearly Undid the Last Election from Ending Democracy,…
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What the Justice Department Should Do to Stop the Texas Abortion Law
January 25, 2024
Laurence H. Tribe, What the Justice Department Should Do to Stop the Texas Abortion Law, Wash. Post, Sept. 5, 2021.