Child Categories
Courts
-
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…
-
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).
-
How Courts Implement Social Policy
January 25, 2024
Mark Tushnet, How Courts Implement Social Policy, 45 Tulsa L. Rev. 855 (2010) (reviewing Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social…
-
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…
-
The Supreme Court and the National Political Order: Collaboration and Confrontation
January 25, 2024
Mark Tushnet, The Supreme Court and the National Political Order: Collaboration and Confrontation, in The Supreme Court and American Political Development 117 (Ronald Kahn &…
-
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).
-
Taking the Constitution Away from the Courts
January 25, 2024
Mark Tushnet, Taking the Constitution Away from the Courts (Princeton Univ. Press 1999).
-
Bills of Rights
January 25, 2024
Bills of Rights (The International Library of Essays on Rights) (Mark Tushnet ed., Ashgate 2007).
-
Federal Courts in the Twenty-First Century: Cases and Materials
January 25, 2024
Howard P. Fink, Thomas D. Rowe, Jr. & Mark V. Tushnet, Federal Courts in the 21st Century: Cases and Materials (LexisNexis 4th ed. 2013).
-
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).
-
Constitutional Hardball
January 25, 2024
Mark V. Tushnet, Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004).
-
Dialogue and Constitutional Duty
January 25, 2024
Mark Tushnet, Dialogue and Constitutional Duty (Harv. Pub. L. Working Paper No. 12-10, Mar. 20, 2012).
-
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).
-
Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law
January 25, 2024
Mark Tushnet, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (Princeton Univ. Press 2008).
-
Mark Tushnet & Rosalind Dixon, Weak-Form Review and its Constitutional Relatives: An Asian Perspective, in Comparative Constitutional Law in Asia 102 (Rosalind Dixon & Tom…
-
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).
-
Mark Tushnet, Permissible Gun Regulations After Heller: Speculations About Method and Outcomes, 57 UCLA L. Rev. 1425 (2009).
-
Laurence H. Tribe & Dennis Aftergut, A good turn of events, made possible by a still sturdy judicial branch, L.A. Times (Dec. 2, 2022).
-
Laurence H. Tribe, Lost at the Equal Protection Carnival: Nelson Lund’s Carnival of Mirrors, 19 Const. Comment. 619 (2002).
-
Laurence H. Tribe, The Curvature of Constitutional Space: What Lawyers Can Learn From Modern Physics, in The Curvature of Constitutional Space: What Lawyers Can Learn…
-
Laurence H. Tribe, Comment, A Constitution We Are Amending: In Defense of a Restrained Judicial Role, 97 Harv. L. Rev. 433 (1983).