Child Categories
Fourteenth Amendment
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Race and the Fourteenth Amendment: The Power of Interpretive Choice
January 25, 2024
Randall L. Kennedy, Race and the Fourteenth Amendment: The Power of Interpretive Choice, in A Less Than Perfect Union: Alternative Perspectives on the U.S. Constitution…
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Ginsburg v. New York
January 25, 2024
Robert H. Mnookin, Ginsburg v. New York, in Encyclopedia of the American Constitution 1194 (Leonard W. Levy & Kenneth L. Karst eds., 2d ed. 2000).
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Justifying Diversity
January 25, 2024
Noah Feldman, Justifying Diversity, N.Y. Rev. Books, Dec. 6, 2018, at 27.
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The Warren Court and the Pursuit of Justice
January 25, 2024
Morton J. Horwitz, The Warren Court and the Pursuit of Justice (Hill And Wang 1998).
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Fidelity, Indeterminacy, and the Problem of Constitutional Evil
January 25, 2024
Michael J. Klarman, Fidelity, Indeterminacy, and the Problem of Constitutional Evil, 65 Fordham L. Rev. 1739 (1997).
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Windsor and Brown: Marriage Equality and Racial Equality
January 25, 2024
Michael J. Klarman, Windsor and Brown: Marriage Equality and Racial Equality, 127 Harv. L. Rev. 127 (2013).
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Civil Rights Law: Who Made It and How Much Did It Matter
January 25, 2024
Michael J. Klarman, Civil Rights Law: Who Made It and How Much Did It Matter, 83 Geo. L.J. 433 (1994)(reviewing Mark V. Tushnet, Making Civil…
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Neither Hero Nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century — Chapter 1: The Plessy Era
January 25, 2024
Michael Klarman, Neither Hero nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century: Chapter 1: The Plessy Era (U. Va. Sch.
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Neither Hero Nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century — Chapter 2: The Progressive Era
January 25, 2024
Michael Klarman, Neither Hero nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century: Chapter 2: The Progressive Era (U. Va. Sch.
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What’s So Great About Constitutionalism?
January 25, 2024
Michael J. Klarman, What’s So Great About Constitutionalism?, 93 Nw. U. L. Rev. 145 (1998).
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Race and the Court in the Progressive Era
January 25, 2024
Michael J. Klarman, Race and the Court in the Progressive Era, 51 Vand. L. Rev. 881 (1998).
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Brown vs. Board of Education: Law or Politics?
January 25, 2024
Michael J. Klarman, Brown v. Board of Education: Law or Politics? (U. Va. Sch. of Law, Pub. Res. Paper No. 02-11, Dec. 2002).
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Court, Congress, and Civil Rights
January 25, 2024
Michael Klarman, Court, Congress, and Civil Rights (U. Va. Sch. of Law, Pub. L. Res. Paper No. 02-12, Dec. 2002).
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The Case for Overturning Roe
January 25, 2024
Mary Ann Glendon & O. Carter Snead, The Case for Overturning Roe, 49 Nat’l Aff. (2021).
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Does the United States Need “Good Samaritan” Laws?
January 25, 2024
Mary Ann Glendon, Does the United States Need “Good Samaritan” Laws?, 1 Responsive Community 9 (1991).
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Rights Inflation in Canada and the United States
January 25, 2024
Mark Tushnet, Rights Inflation in Canada and the United States, in Canada in the World: Comparative Perspectives on the Canadian Constitution 209 (Richard Albert &…
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Race, State, Market, and Civil Society in Constitutional History
January 25, 2024
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
January 25, 2024
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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The Story of Crowell: Grounding the Administrative State
January 25, 2024
Mark Tushnet, The Story of Crowell: Grounding the Administrative State, in Federal Court Stories 359 (Vicki C. Jackson & Judith Resnick eds., 2009).
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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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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).