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Discrimination
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Mark Tushnet, Trump v. Hawaii: “This President” and the National Security Constitution, 2018 Sup. Ct. Rev. 1. (2018).
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Mark Tushnet, Race, State, Market, and Civil Society in Constitutional History, in Constitutionalism and American Culture: Writing the New Constitutional History 359 (Sandra F. VanBurkleo,…
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Brown v. Board of Education
July 14, 2026
Mark Tushnet, Brown v. Board of Education, in Race on Trial: Law and Justice in American History 160 (Annette Gordon-Reed ed., 2002).
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Law and Group Rights: Federalism as a Model
July 14, 2026
Mark Tushnet, Law and Group Rights: Federalism as a Model, in Law and the Community: The End of Individualism? 277 (Allan Hutchinson & Leslie Green…
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Mark Tushnet, Organizing Civil Rights Litigation: The NAACP’s Experience, in Ambivalent Legacy: A Legal History of the South 171 (David J. Bodenhamer & James W.
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Mark Tushnet, “…And Only Wealth Will Buy You Justice” – Some Notes on the Supreme Court 1972 Term, 1974 Wis. L. Rev. 177.
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Mark Tushnet, Thurgood Marshall as a Lawyer: The Campaign Against School Segregation: 1945-1950, 40 Md. L. Rev. 411(1981).
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A Comment on the Critical Method in Legal History
July 14, 2026
Mark Tushnet, A Comment on the Critical Method in Legal History, 6 Cardozo L. Rev. 997 (1985).
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What Really Happened in Brown v. Board of Education
July 14, 2026
Mark Tushnet & Katya Lezin, What Really Happened in Brown v. Board of Education, 91 Colum. L. Rev. 1867 (1991).
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Thurgood Marshall and the Rule of Law
July 14, 2026
Mark Tushnet, Thurgood Marshall and the Rule of Law, 35 How. L.J. 7 (1991).
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Public Law Litigation and the Ambiguities of Brown
July 14, 2026
Mark Tushnet, Public Law Litigation and the Ambiguities of Brown, 61 Fordham L. Rev. 23 (1992).
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Contemporary Issues of Race Relations
July 14, 2026
Mark Tushnet, Contemporary Issues of Race Relations, 24 Rutgers L.J. 699 (1993).
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Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action
July 14, 2026
Mark Tushnet, Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action, 8 Soc. Phil. & Pol’y 150 (1991).
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The Significance of Brown v. Board of Education
July 14, 2026
Mark Tushnet, The Significance of Brown v. Board of Education, 80 Va. L. Rev. 173 (1994).
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The Supreme Court and Race Discrimination, 1967-1991: The View from the Marshall Papers
July 14, 2026
Mark Tushnet, The Supreme Court and Race Discrimination, 1967-1991: The View from the Marshall Papers, 36 Wm. & Mary L. Rev. 473 (1995).
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Mark Tushnet, Progressive Era Race Relations Cases in Their “Traditional” Context, 51 Vand. L. Rev. 993 (1998).
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Some Legacies of Brown v. Board of Education
July 14, 2026
Mark Tushnet, Some Legacies of Brown v. Board of Education, 90 Va. L. Rev. 1693 (2004).
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Plessy v. Ferguson in Libertarian Perspective
July 14, 2026
Mark Tushnet, Plessy v. Ferguson in Libertarian Perspective, 16 L. & Phil. 245 (1997).
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Implementing, Transforming, and Abandoning Brown
July 14, 2026
Mark Tushnet, Implementing, Transforming, and Abandoning Brown, in Brown at 50, The Unfinished Legacy: A Collection of Essays 128 (Deborah Rhode & Charles Ogletree eds.,…
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The Rights Revolution in the Twentieth Century
July 14, 2026
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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Mark Tushnet, The Supreme Court’s Two Principles of Equality: From Brown to 2003, in From the Grassroots to the Supreme Court: Brown v. Board of…