Parent Categories
Government & Politics
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Not Only Looking Backward
January 25, 2024
Mark Tushnet, Not Only Looking Backward, in Rethinking Law (Amy Kapczynski ed., 2022).
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Does the UK need a Modern Bill of Rights?
January 25, 2024
Mark Tushnet, Does the UK need a Modern Bill of Rights?, Const. L. Matters (Mar. 18, 2022).
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Trust the Science but Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State
January 25, 2024
Mark Tushnet, Trust the Science but Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State, 98 Ind.
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The Hughes Court: from progressivism to pluralism, 1930 to 1941
January 25, 2024
Mark V. Tushnet, The Hughes Court: from Progressivism to Pluralism, 1930 to 1941 (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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Power to the People: Constitutionalism in the Age of Populism
January 25, 2024
Mark Tushnet & Bojan Bugariec, Power to the People: Constitutionalism in the Age of Populism (2021).
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The President and Individual Rights
January 25, 2024
Mark Tushnet, The President and Individual Rights, 29 Wm. & Mary Bill Rts. J. 809 (2021).
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Mark Tushnet, The New Fourth Branch: Institutions for Protecting Constitutional Democracy (2021).
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Writing While Quarantined: A Personal Interpretation of Contemporary Comparative Constitutional Law
January 25, 2024
Mark Tushnet, Writing While Quarantined: A Personal Interpretation of Contemporary Comparative Constitutional Law (Harv. Pub. L. Working Paper No. 20-19, 2020).
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Spontaneous Demonstrations and the First Amendment
January 25, 2024
Mark Tushnet, Spontaneous Demonstrations and the First Amendment, 71 Ala. L. Rev. 773 (2020).
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Impeaching a President: how it works, and what to expect from it
January 25, 2024
Mark Tushnet, Impeaching a President: how it works, and what to expect from it, Verfassungsblog: On Matters Constitutional (Sept. 9, 2019).
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Mark Tushnet & Bojan Bugaric, Populism and Constitutionalism: An Essay on Definitions and Their Implications, 42 Cardozo L. Rev. 2345 (2021).
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Institutions Supporting Constitutional Democracy: Some Thoughts About Anti-Corruption (and Other) Agencies
January 25, 2024
Mark Tushnet, Institutions Supporting Constitutional Democracy: Some Thoughts About Anti-Corruption (and Other) Agencies, 2019 Sing. J. Legal Stud. 440.
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Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (2020).
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Court-Packing On the Table in the United States?
January 25, 2024
Mark V. Tushnet, Court-Packing On the Table in the United States?, VerfBlog (Apr. 3, 2019).
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Epistemic Closure and the Schechter Case
January 25, 2024
Mark Tushnet, Epistemic Closure and the Schechter Case (Aug. 13, 2019).
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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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Rights Inflation in Canada and the United States
January 25, 2024
Mark Tushnet, Rights Inflation in Canada and the United States, in Canada in the World: Comparative Perspectives on the Canadian Constitution 209 (Richard Albert &…
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Are Constitutional Democracies Really in Crisis?
January 25, 2024
Mark Tushnet, Are Constitutional Democracies Really in Crisis?, Int’l J. Const. L. Blog (Sept. 10, 2018).
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Utopian Thinking for Progressive Constitutionalists
January 25, 2024
Mark Tushnet, Utopian Thinking for Progressive Constitutionalists, 93 Ind. L.J. 233 (2018).