Child Categories
Courts
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The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs
January 25, 2024
Matthew C. Stephenson, The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs, 118 Yale L.J. 2 (2008).
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Judicial Review as a Response to Political Posturing
January 25, 2024
Justin Fox & Matthew C. Stephenson, Judicial Review as a Response to Political Posturing, 105 Am. Pol. Sci. Rev. 397 (2011).
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Informative Precedent and Intrajudicial Communication
January 25, 2024
Ethan Bueno de Mesquita & Matthew Stephenson, Informative Precedent and Intrajudicial Communication, 96 Am. Pol. Sci. Rev. 755 (2002).
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The Sources of Law in a Changing Legal Order
January 25, 2024
Mary Ann Glendon, The Sources of Law in a Changing Legal Order, 17 Creighton L. Rev. 663 (1984).
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Mary Ann Glendon, Fixed Rules and Discretion in Contemporary Family Law and Succession Law, 60 Tulane L. Rev. 1165 (1985).
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Courts and Effective Governance
January 25, 2024
Mark Tushnet & Madhav Khosla, Courts and Effective Governance, in Constitutionalism and a Right to Effective Government? (Vicki C. Jackson & Yasmin Dawood eds., 2022).
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Courts, Constitutionalism, and State Capacity: A Preliminary Inquiry
January 25, 2024
Madhav Khosla & Mark Tushnet, Courts, Constitutionalism, and State Capacity: A Preliminary Inquiry, 70 Am. J. Compar. L. 95 (2022).
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Conceptualizing the role of courts in peace processes
January 25, 2024
Mark Tushnet & Beatriz Botero Arcila, Conceptualizing the Role of Courts in Peace Processes, 18 Int’l J. Const. L. 1290 (2021).
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Mark Tushnet & Bojan Bugaric, Populism and Constitutionalism: An Essay on Definitions and Their Implications, 42 Cardozo L. Rev. 2345 (2021).
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Institutions Supporting Constitutional Democracy: Some Thoughts About Anti-Corruption (and Other) Agencies
January 25, 2024
Mark Tushnet, Institutions Supporting Constitutional Democracy: Some Thoughts About Anti-Corruption (and Other) Agencies, 2019 Sing. J. Legal Stud. 440.
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Weak-Form Review: An Introduction
January 25, 2024
Mark Tushnet, Weak-Form Review: An Introduction, 17 Int’l J. Const. L. 807 (2019).
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The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt
January 25, 2024
Mark Tushnet, The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt, in Judicial Review: Process,…
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The Lawyer/Judge as Republican Hero
January 25, 2024
Mark Tushnet, The Lawyer/Judge as Republican Hero, 70 Stan. L. Rev. Online 29 (2017) (reviewing Amalia D. Kessler, Inventing American Exceptionalism: The Origins of American…
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Non-judicial Review
January 25, 2024
Mark Tushnet, Non-judicial Review, in Protecting Human Rights: Instruments and Institutions (Tom Campbell, Jeffrey Goldsworthy & Adrienne Stone eds., 2003).
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Constitutionalism and Critical Legal Studies
January 25, 2024
Mark Tushnet, Constitutionalism and Critical Legal Studies, in Constitutionalism: The Philosophical Dimension 150 (Alan Rosenbaum ed., 1988).
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Should Courts Govern? The Law of the Public Bureaucracy
January 25, 2024
Mark Tushnet, Should Courts Govern? The Law of the Public Bureaucracy, in Governing Through Courts 66 (Richard A.L. Gambitta, Marlynn L. May & James C.
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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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Constitutional Limitation of Substantive Criminal law: An Examination of the Meaning of Mullaney v. Wilbur
January 25, 2024
Mark Tushnet, Constitutional Limitation of Substantive Criminal Law: An Examination of the Meaning of Mullaney v. Wilbur, 55 B.U. L. Rev. 775 (1975).
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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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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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Slavery, Civil Society, and Authority Over the Body
January 25, 2024
Mark Tushnet, Slavery, Civil Society, and Authority Over the Body, 2 Graven Images 111 (1995).