Child Categories
Legal History
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Mark Tushnet, The American Law of Slavery, 1810-1860 Considerations of Humanity and Interest (Princeton Legacy Library 2019).
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A Short History of European Law: The Last Two and a Half Millennia
January 25, 2024
Mark Tushnet, A Short History of European Law: The Last Two and a Half Millennia, 49 J. Interdisc. Hist. 492 (2019) (reviewing Benjamin Lieberman &…
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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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Perspectives on the Development of American Law: A Critical Review of Friedman’s “History of American Law”
January 25, 2024
Mark Tushnet, Perspectives on the Development of American Law: A Critical Review of Friedman’s “History of American Law”, 1977 Wis. L. Rev. 81 (1977).
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The Constitution from a Progressive Point of View
January 25, 2024
Mark Tushnet, The Constitution from a Progressive Point of View, in A Less Than Perfect Union: Alternative Perspectives on the U.S. Constitution 40 (Jules Lobel…
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Fugitive Slave Law of 1850
January 25, 2024
Mark Tushnet, Fugitive Slave Law of 1850, in Dictionary of Afro-American Slavery 276 (Randall Miller & John David Smith eds., 1988).
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Mark Tushnet, The Logic of Experience: Oliver Wendell Holmes on the Supreme Judicial Court, 63 Va. L. Rev. 975 (1977).
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Lumber and the Legal Process
January 25, 2024
Mark Tushnet, Lumber and the Legal Process, 1972 Wis. L. Rev. 114.
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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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Review of In the Matter of Color by A. Leon Higginbotham, Jr.
January 25, 2024
Mark Tushnet, Review of In the Matter of Color by A. Leon Higginbotham, Jr., 45 U. Chi. L. Rev. 906 (1978).
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Rethinking the Dormant Commerce Clause
January 25, 2024
Mark Tushnet, Rethinking the Dormant Commerce Clause, 1979 Wis. L. Rev. 125.
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Approaches to the Study of the Law of Slavery
January 25, 2024
Mark Tushnet, Approaches to the Study of the Law of Slavery, 25 Civil War Hist. 329 (1979).
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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
January 25, 2024
Mark Tushnet, A Comment on the Critical Method in Legal History, 6 Cardozo L. Rev. 997 (1985).
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University, Court, and Slave: Pro-Slavery Thought in Southern Colleges and Courts and the Coming of Civil War
January 25, 2024
Mark Tushnet, Book Review: Alfred L. Brophy, University, Court, and Slave: Pro-Slavery Thought in Southern Colleges and Courts and the Coming of Civil War (2016),…
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What Really Happened in Brown v. Board of Education
January 25, 2024
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
January 25, 2024
Mark Tushnet, Thurgood Marshall and the Rule of Law, 35 How. L.J. 7 (1991).
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The Legitimation of the Administrative State: Some Aspects of the Work of Thurgood Marshall
January 25, 2024
Mark Tushnet, The Legitimation of the Administrative State: Some Aspects of the Work of Thurgood Marshall, 5 Stud. Am. Pol. Dev. 94 (1991).
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Public Law Litigation and the Ambiguities of Brown
January 25, 2024
Mark Tushnet, Public Law Litigation and the Ambiguities of Brown, 61 Fordham L. Rev. 23 (1992).
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Thurgood Marshall and the Brethren
January 25, 2024
Mark Tushnet, Thurgood Marshall and the Brethren, 80 Geo. L.J. 2109 (1992).
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Writing Supreme Court Histories
January 25, 2024
Mark Tushnet, Writing Supreme Court Histories, 1993 J. Sup. Ct. Hist. 11.