Parent Categories
Discrimination & Civil Rights
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Religious Freedom – A Second-Class Right?
January 25, 2024
Mary Ann Glendon, Religious Freedom – A Second-Class Right?, 61 Emory L.J. 971 (2012).
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The Influence of Catholic Social Doctrine on Human Rights
January 25, 2024
Mary Ann Glendon, The Influence of Catholic Social Doctrine on Human Rights, 10 J. Cath. Soc. Thought 69 (2013).
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Rights Talk: The Impoverishment of Political Discourse
January 25, 2024
Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (Free Press 1991).
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The Transformation of Family Law: State, Law, and Family in the United States and Western Europe
January 25, 2024
Mary Ann Glendon, The Transformation of Family Law: State, Law, and Family in the United States and Western Europe (Univ. of Chicago Press 1989).
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Mark Tushnet, The Dual State in the United States: The Case of Lynching and Legal Lynchings, 16 L. & Ethics Hum. Rts. 41 (2022).
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Has the U.S. Supreme Court Effectively Overruled Roe v. Wade?
January 25, 2024
Mark Tushnet, Has the U.S. Supreme Court Effectively Overruled Roe v. Wade?, Verfassungsblog (Sept. 3, 2021).
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A Government of Laws That Is a Government of Men and Women
January 25, 2024
Mark Tushnet, A Government of Laws That Is a Government of Men and Women, 74 Ark. L. Rev. 323 (2021).
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Mark Tushnet, “Rock ‘n’ Roll” and “Roll Over Beethoven”: Tom Stoppard and Critical Legal Studies (Harvard Pub. L. Working Paper No. 21-15, Mar. 2, 2021).
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Mark Tushnet, The American Law of Slavery, 1810-1860 Considerations of Humanity and Interest (Princeton Legacy Library 2019).
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Mark Tushnet, Trump v. Hawaii: “This President” and the National Security Constitution, 2018 Sup. Ct. Rev. 1. (2018).
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Mark Tushnet, Book Review, 47 Hist. Rev. New Books 2 (2019) (reviewing Christopher Schmidt, The Sit-Ins: Protest and Legal Change in the Civil Rights Era…
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The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt
January 25, 2024
Mark Tushnet, The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt, in Judicial Review: Process,…
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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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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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Fugitive Slave Law of 1850
January 25, 2024
Mark Tushnet, Fugitive Slave Law of 1850, in Dictionary of Afro-American Slavery 276 (Randall Miller & John David Smith eds., 1988).
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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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Affirmative Action and the Ethics of Pedagogy
January 25, 2024
Mark Tushnet, Affirmative Action and the Ethics of Pedagogy, in An Ethical Education: Community and Morality in the Multicultural University 187 (M.N.S. Sellers ed., 1994).
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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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Organizing Civil Rights Litigation: The NAACP’s Experience
January 25, 2024
Mark Tushnet, Organizing Civil Rights Litigation: The NAACP’s Experience, in Ambivalent Legacy: A Legal History of the South 171 (David J. Bodenhamer & James W.