Child Categories
Politics & Political Theory
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Forum: What’s the Matter With the Supreme Court?
January 25, 2024
Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson & Mark Tushnet, Forum: What’s the Matter With the Supreme Court?, The Nation (Sept. 5, 2018).
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Utopian Thinking for Progressive Constitutionalists
January 25, 2024
Mark Tushnet, Utopian Thinking for Progressive Constitutionalists, 93 Ind. L.J. 233 (2018).
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Mark Tushnet, The Pirate’s Code: Constitutional Conventions in U.S. Constitutional Law, 45 Pepp. L. Rev. 481 (2018).
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Law As a Crisis for the Rule of Law: A Speculative Essay
January 25, 2024
Mark Tushnet, Law As a Crisis for the Rule of Law: A Speculative Essay (Aug. 30, 2017).
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Emergencies and the Idea of Constitutionalism
January 25, 2024
Mark Tushnet, Emergencies and the Idea of Constitutionalism, in The Constitution in Wartime: Beyond Alarmism and Complacency (Mark Tushnet ed., 2005).
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The Constitutional Right to One’s Good Name: An Examination of the Scholarship of Mr. Justice Rehnquist
January 25, 2024
Mark Tushnet, The Constitutional Right to One’s Good Name: An Examination of the Scholarship of Mr. Justice Rehnquist, 64 Ky. L.J. 753 (1976).
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Mark Tushnet, How the Constitution Shapes Civil Society’s Contribution to Policymaking, in In the States, Across the Nation, and Beyond:
Democratic and Constitutional Perspectives… -
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 Constitutional Politics of the Clinton Impeachment
January 25, 2024
Mark Tushnet, The Constitutional Politics of the Clinton Impeachment, in Aftermath: The Clinton Impeachment and the Presidency in the Age of Political Spectacle 162 (Leonard…
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The Conservatism in Bush v. Gore
January 25, 2024
Mark Tushnet, The Conservatism in Bush v. Gore, in Bush v. Gore: The Question of Legitimacy 163 (Bruce Ackerman ed., 2002).
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The Burger Court in Historical Perspective: The Triumph of Country-Club Republicanism
January 25, 2024
Mark Tushnet, The Burger Court in Historical Perspective: The Triumph of Country-Club Republicanism, in The Burger Court: Counter-Revolution or Confirmation? 203 (Bernard Schwartz ed., 1998).
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Law and Group Rights: Federalism as a Model
January 25, 2024
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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Public Choice Constitutionalism and Economic Rights
January 25, 2024
Mark Tushnet, Public Choice Constitutionalism and Economic Rights, in Liberty, Property, and the Future of Constitutional Development 23 (Ellen Frankel Paul & Howard Dickman eds.,…
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The Politics of Constitutional Law
January 25, 2024
Mark Tushnet, The Politics of Constitutional Law, in The Politics of Law: a Progressive Critique 219 (David Kairys ed., 1990).
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Living with a Bill of Rights
January 25, 2024
Mark Tushnet, Living with a Bill of Rights, in Understanding Human Rights 3 (Conor Gearty & Adam Tomkins eds., 1996).
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The Relevance of the Framers’ Natural Law Views to Contemporary Constitutional Interpretation
January 25, 2024
Mark Tushnet, The Relevance of the Framers’ Natural Law Views to Contemporary Constitutional Interpretation, in Constitutionalism in Perspective: the United States Constitution in Twentieth Century…
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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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Political Aspects of the Changing Meaning of Equality in Constitutional Law: The Equal Protection Clause, Dr. Du Bois, and Charles Hamilton Houston
January 25, 2024
Mark Tushnet, Political Aspects of the Changing Meaning of Equality in Constitutional Law: The Equal Protection Clause, Dr. Du Bois, and Charles Hamilton Houston, 74…
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Toward a Revisionist History of the Supreme Court
January 25, 2024
Mark Tushnet, Toward a Revisionist History of the Supreme Court, 36 Clev. St. L. Rev. 319 (1988).
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Partial Membership and Liberal Political Theory
January 25, 2024
Mark Tushnet, Partial Membership and Liberal Political Theory, in Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution 209 (Christina Duffy Burnett…
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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).