Parent Categories
Government & Politics
-
Living with a Bill of Rights
January 25, 2024
Mark Tushnet, Living with a Bill of Rights, in Understanding Human Rights 3 (Conor Gearty & Adam Tomkins eds., 1996).
-
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.
-
Corporations and Free Speech
January 25, 2024
Mark Tushnet, Corporations and Free Speech, in The Politics of Law: a Progressive Critique 253 (David Kairys ed., 1982).
-
Mark Tushnet & Kenneth M. Holland, Judicial Activism and the Welfare State: A Debate, in The New Federalist Papers 384 (J. Jackson Barlow, Dennis J.
-
Federal Law and the Courts in the Civil Rights Movement: Commentary
January 25, 2024
Mark Tushnet, Federal Law and the Courts in the Civil Rights Movement: Commentary, in The Civil Rights Movement in America 117 (Charles Eagles ed., 1986).
-
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…
-
Mark Tushnet, The Logic of Experience: Oliver Wendell Holmes on the Supreme Judicial Court, 63 Va. L. Rev. 975 (1977).
-
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).
-
“…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.
-
Lumber and the Legal Process
January 25, 2024
Mark Tushnet, Lumber and the Legal Process, 1972 Wis. L. Rev. 114.
-
Swift v. Tyson Exhumed
January 25, 2024
Mark Tushnet, Swift v. Tyson Exhumed, 79 Yale L.J. 284 (1969).
-
Rethinking the Dormant Commerce Clause
January 25, 2024
Mark Tushnet, Rethinking the Dormant Commerce Clause, 1979 Wis. L. Rev. 125.
-
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).
-
Deviant Science in Constitutional Law Scholarship
January 25, 2024
Mark Tushnet, Deviant Science in Constitutional Law Scholarship, 59 Tex. L. Rev. 815 (1981).
-
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).
-
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…
-
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…
-
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).
-
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).
-
Public Law Litigation and the Ambiguities of Brown
January 25, 2024
Mark Tushnet, Public Law Litigation and the Ambiguities of Brown, 61 Fordham L. Rev. 23 (1992).
-
Thurgood Marshall and the Brethren
January 25, 2024
Mark Tushnet, Thurgood Marshall and the Brethren, 80 Geo. L.J. 2109 (1992).