Parent Categories
Constitutional Law
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Mark Tushnet, The Constitution of the United States of America: A Contextual Analysis (Hart Publ’g 2009).
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The Boundaries of Comparative Law
January 25, 2024
Mark Tushnet, The Boundaries of Comparative Law, 13 Eur. Const. L. Rev. 13 (2017).
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Accommodation of Religion Thirty Years On
January 25, 2024
Mark Tushnet, “Accommodation of Religion” Thirty Years On, 38 Harv. J.L. & Gender 1 (2015).
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Mark Tushnet, Observations on the Politics of “Best Practices” in Constitutional Advice Giving, 50 Wake Forest L. Rev. 843 (2015).
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New York Times v. Sullivan Around the World
January 25, 2024
Mark Tushnet, New York Times v. Sullivan Around the World, 66 Ala. L. Rev. 337 (2014).
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Mark Tushnet, Liberals, Litigants, and the Disappearance of Consensus About The Religion Clauses, 93 Tex. L. Rev. 207 (2014)(reviewing Steven D. Smith, The Rise and…
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The Affordable Care Act and American Constitutional Development
January 25, 2024
Mark Tushnet, The Affordable Care Act and American Constitutional Development, 62 Drake L. Rev. 1079 (2014).
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Internet Exceptionalism: An Overview From General Constitutional Law
January 25, 2024
Mark Tushnet, Internet Exceptionalism: An Overview From General Constitutional Law, 56 Wm. & Mary L. Rev. 1637 (2015).
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Religion and the Roberts Court: The Limits of Religious Pluralism, in Constitutional Law
January 25, 2024
Mark Tushnet, Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional Law, in The Rise of Corporate Religious Liberty ch. 23 (Micah…
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Public Rights, Private Relations
January 25, 2024
Mark Tushnet, Book Review, 7 Jurisprudence 355 (2016)(reviewing Jean Thomas, Public Rights, Private Relations (2015)).
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The Indian Constitution Seen from Outside
January 25, 2024
Mark Tushnet, The Indian Constitution Seen from Outside, in The Oxford Handbook of the Indian Constitution 1019 (Sujit Choudhry, Madhav Khosla & Pratap Bhanu Mehta…
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New Institutional Mechanisms for Making Constitutional Law
January 25, 2024
Mark Tushnet, New Institutional Mechanisms for Making Constitutional Law, in Democratizing Constitutional Law 167 (Thomas Bustamante & Bernardo Gonçalves Fernandes eds., 2016).
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Constitutional Law: Critical and Comparative
January 25, 2024
Mark V. Tushnet, Constitutional Law: Critical and Comparative (Harvard Pub. Law Working Paper No. 15-09, Apr. 4, 2015).
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New Institutional Mechanisms for Making Constitutional Law
January 25, 2024
Mark V. Tushnet, New Institutional Mechanisms for Making Constitutional Law (Harvard Pub. Law Working Paper No. 15-08, Apr. 4, 2015).
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Three Essays on Proportionality Doctrine
January 25, 2024
Mark V. Tushnet, Three Essays on Proportionality Doctrine (Harvard Pub. Law Working Paper No. 16-43, Aug. 4, 2016).
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Notes on Some Aspects of the Taxonomy of ‘Generations’ of Rights
January 25, 2024
Mark Tushnet, Notes on Some Aspects of the Taxonomy of ‘Generations’ of Rights (Harvard Pub. Law Working Paper No. 16-46, July 8, 2016).
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The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law
January 25, 2024
Mark Tushnet, The Coverage/Protection Distinction in the Law of Freedom of Speech — An Essay on Meta-Doctrine in Constitutional Law, 25 Wm. & Mary Bill…
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The Redundant Free Exercise Clause?
January 25, 2024
Mark Tushnet, The Redundant Free Exercise Clause?, 33 Loyola U. Chi. L.J. 71 (2002).
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Mark Tushnet, Federalism and International Human Rights in the New Constitutional Order, 47 Wayne L. Rev. 841 (2001).
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Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine
January 25, 2024
Mark Tushnet, Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine, 80 N.C. L. Rev. 1203 (2002).
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Nonjudicial Review
January 25, 2024
Mark Tushnet, Nonjudicial Review (Geo. Pub. Law Res. Paper No. 298007, 2002).