Parent Categories
Constitutional Law
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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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“…And Only Wealth Will Buy You Justice” – Some Notes on the Supreme Court 1972 Term
January 25, 2024
Mark Tushnet, “…And Only Wealth Will Buy You Justice” – Some Notes on the Supreme Court 1972 Term, 1974 Wis. L. Rev. 177.
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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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Darkness on the Edge of Town: The Contributions of John Hart Ely to Constitutional Scholarship
January 25, 2024
Mark Tushnet, Darkness on the Edge of Town: The Contributions of John Hart Ely to Constitutional Scholarship, 89 Yale L.J. 1037 (1980).
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Deviant Science in Constitutional Law Scholarship
January 25, 2024
Mark Tushnet, Deviant Science in Constitutional Law Scholarship, 59 Tex. L. Rev. 815 (1981).
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The Dilemmas of Liberal Constitutionalism
January 25, 2024
Mark Tushnet, The Dilemmas of Liberal Constitutionalism, 42 Ohio St. L.J. 411 (1981).
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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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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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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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Contemporary Issues of Race Relations
January 25, 2024
Mark Tushnet, Contemporary Issues of Race Relations, 24 Rutgers L.J. 699 (1993).
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Thayer’s Target: Judicial Review or Democracy?
January 25, 2024
Mark Tushnet, Thayer’s Target: Judicial Review or Democracy?, 88 Nw. U. L. Rev. 9 (1993).
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Progressive Era Race Relations Cases in Their “Traditional” Context
January 25, 2024
Mark Tushnet, Progressive Era Race Relations Cases in Their “Traditional” Context, 51 Vand. L. Rev. 993 (1998).
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Heller and the New Originalism
January 25, 2024
Mark Tushnet, Heller and the New Originalism, 69 Ohio St. L.J. 609 (2008).
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Dialogic Judicial Review
January 25, 2024
Mark Tushnet, Dialogic Judicial Review, 61 Ark. L. Rev. 205 (2008).
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The Future of the Second Amendment
January 25, 2024
Mark Tushnet, The Future of the Second Amendment, 1 Alb. Gov’t L. Rev. 354 (2008).
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Some Skepticism About Normative Constitutional Advice
January 25, 2024
Mark Tushnet, Some Skepticism About Normative Constitutional Advice, 49 Wm. & Mary L. Rev. 1473 (2008).
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Heller and the Perils of Compromise
January 25, 2024
Mark Tushnet, Heller and the Perils of Compromise, 13 Lewis & Clark L. Rev. 419 (2009).
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Implementing, Transforming, and Abandoning Brown
January 25, 2024
Mark Tushnet, Implementing, Transforming, and Abandoning Brown, in Brown at 50, The Unfinished Legacy: A Collection of Essays 128 (Deborah Rhode & Charles Ogletree eds.,…
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Judicial Review of Legislation
January 25, 2024
Mark Tushnet, Judicial Review of Legislation, in The Oxford Handbook of Legal Studies 164 (Peter Cane & Mark Tushnet eds., 2003).