Child Categories
State & Local Government
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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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The New Property: The Burger Court and the Due Process Clause
January 25, 2024
Mark Tushnet, The New Property: The Burger Court and the Due Process Clause, 1975 Sup. Ct. Rev. 261.
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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).
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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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Rethinking the Dormant Commerce Clause
January 25, 2024
Mark Tushnet, Rethinking the Dormant Commerce Clause, 1979 Wis. L. Rev. 125.
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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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Enforcement of National Law Against Subnational Units in the US
January 25, 2024
Mark Tushnet, Enforcement of National Law Against Subnational Units in the US, in The Enforcement of EU Law and Values: Ensuring Member States’ Compliance 316…
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Mark Tushnet, The American Law of Slavery 1810-1860: Considerations of Humanity and Interest (Princeton Univ. Press 1981).
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Mark Tushnet, ‘Telling Me Lies’: The Constitutionality of Regulating False Statements of Fact (Harv. L. Sch. Pub. L. & Legal Theory Working Paper No. 11-02,…
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Globalization and Federalism in a Post-Printz World
January 25, 2024
Mark Tushnet, Globalization and Federalism in a Post-Printz World, 36 Tulsa L.J. 11 (2013).
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Book Review: The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South
January 25, 2024
Mark Tushnet, Book Review, 40 J. Interdisciplinary Hist. 618 (2010)(reviewing Laura P. Edwards, The People and Their Peace: Legal Culture and the Transformation of Inequality…
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Laurence H. Tribe, Chris Green & Kelsey Eberly, The Supreme Court shouldn’t meddle with California’s standards on meat and eggs, L.A. Times (Oct. 10, 2022).
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The Constitutional Inevitability of Same-Sex Marriage
January 25, 2024
Laurence H. Tribe & Joshus Matz, The Constitutional Inevitability of Same-Sex Marriage, 71 Md. L. Rev. 471 (2012).
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Laurence H. Tribe, California Declines the Nuclear Gamble: Is Such a State Choice Preempted?, 7 Ecology L.Q. 679 (1979).
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Trying California’s Judges on Television: Open Government or Judicial Intimidation?
January 25, 2024
Laurence H. Tribe, Trying California’s Judges on Television: Open Government or Judicial Intimidation?, 65 A.B.A. J. 1175 (1979).
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Federalism With Smoke and Mirrors
January 25, 2024
Laurence H. Tribe, Federalism With Smoke and Mirrors, 242 Nation 788 (1986).
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Contrasting Constitutional Visions: Of Real and Unreal Differences
January 25, 2024
Laurence H. Tribe, Contrasting Constitutional Visions: Of Real and Unreal Differences, 22 Harv. C.R.-C.L. L. Rev. 95 (1987).
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Intergovernmental Immunities in Litigation, Taxation, and Regulation: Separation of Powers Issues in Controversies about Federalism
January 25, 2024
Laurence H. Tribe, Intergovernmental Immunities in Litigation, Taxation, and Regulation: Separation of Powers Issues in Controversies about Federalism, 89 Harv. L. Rev. 682 (1976).
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Unraveling National League of Cities: the New Federalism and Affirmative Rights to Essential Government Services
January 25, 2024
Laurence H. Tribe, Unraveling National League of Cities: the New Federalism and Affirmative Rights to Essential Government Services, 90 Harv. L. Rev. 1065 (1977).
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Levels of Generality in the Definition of Rights
January 25, 2024
Michael C. Dorf & Laurence H. Tribe, Levels of Generality in the Definition of Rights, 57 U. Chi. L. Rev. 1057 (1990).