Parent Categories
Disciplinary Perspectives & Law
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Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (2020).
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Book Review: Politics and Constitutions in Southeast Asia
January 25, 2024
Mark Tushnet, Book Review, 92 Pac. Aff. 399 (2019) (reviewing Politics and Constitutions in Southeast Asia, Marco Bünte and Björn Dressel eds., 2017).
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Critical Legal Studies and the Rule of Law
January 25, 2024
Mark Tushnet, Critical Legal Studies and the Rule of Law, in Cambridge Companion to the Rule of Law (Marti Loughlin & Jens Meierhenrich eds., 2021).
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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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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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Race, State, Market, and Civil Society in Constitutional History
January 25, 2024
Mark Tushnet, Race, State, Market, and Civil Society in Constitutional History, in Constitutionalism and American Culture: Writing the New Constitutional History 359 (Sandra F. VanBurkleo,…
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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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Constitutionalism and Critical Legal Studies
January 25, 2024
Mark Tushnet, Constitutionalism and Critical Legal Studies, in Constitutionalism: The Philosophical Dimension 150 (Alan Rosenbaum ed., 1988).
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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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Some Current Controversies in Critical Legal Studies
January 25, 2024
Mark Tushnet, Some Current Controversies in Critical Legal Studies, in Critical Legal Thought: A German-American Debate (Christian Joerges & David Trubek eds., 1989).
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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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Immigration Policy in Liberal Political Theory
January 25, 2024
Mark Tushnet, Immigration Policy in Liberal Political Theory, in Justice in Immigration 147 (Warren Schwartz ed., 1995).
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Should Courts Govern? The Law of the Public Bureaucracy
January 25, 2024
Mark Tushnet, Should Courts Govern? The Law of the Public Bureaucracy, in Governing Through Courts 66 (Richard A.L. Gambitta, Marlynn L. May & James C.
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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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Lumber and the Legal Process
January 25, 2024
Mark Tushnet, Lumber and the Legal Process, 1972 Wis. L. Rev. 114.
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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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A Marxist Analysis of American Law
January 25, 2024
Mark Tushnet, A Marxist Analysis of American Law, 1 Marxist Perspective 96 (1978).
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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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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).