Parent Categories
Government & Politics
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Mark Tushnet, The Political Constitution of Emergency Powers: Some Lessons from Hamdan, 91 Minn. L. Rev. 1451 (2007).
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Is Congress Capable of Conscientious, Responsible Constitutional Interpretation? Some Notes on Congressional Capacity to Interpret the Constitution
January 25, 2024
Mark Tushnet, Is Congress Capable of Conscientious, Responsible Constitutional Interpretation? Some Notes on Congressional Capacity to Interpret the Constitution, 89 B.U. L. Rev. 499 (2009).
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Mark Tushnet, Introduction: Reflections on the First Amendment and the Information Economy, 127 Harv. L. Rev. 2234 (2014).
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A Clerk’s-Eye View of Keyes v. School District No. 1
January 25, 2024
Mark Tushnet, A Clerk’s-Eye View of Keyes v. School District No. 1, 90 Denv. U. L. Rev. 1139 (2013).
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Incentives and the Supreme Court
January 25, 2024
Mark Tushnet, Incentives and the Supreme Court, 78 Geo. Wash. L. Rev. 1300 (2010).
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Legislative and Executive Stare Decisis
January 25, 2024
Mark Tushnet, Legislative and Executive Stare Decisis, 83 Notre Dame L. Rev. 1339 (2008).
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Essays in Honor of Justice Ruth Bader Ginsburg: The Dissent in National Federation of Independent Business v. Sebelius
January 25, 2024
Mark Tushnet, Essays in Honor of Justice Ruth Bader Ginsburg: The Dissent in National Federation of Independent Business v. Sebelius, 127 Harv. L. Rev. 481…
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The Supreme Court and the American Elite, 1789-2008
January 25, 2024
Mark Tushnet, Book Review: Lucas A. Powe, The Supreme Court and the American Elite, 1789-2008 (2009), 65 Rev. Metaphysics 672 (2012).
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Mark Tushnet, Permissible Gun Regulations After Heller: Speculations About Method and Outcomes, 57 UCLA L. Rev. 1425 (2009).
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Constitution-Making: An Introduction
January 25, 2024
Mark Tushnet, Constitution-Making: An Introduction, 91 Tex. L. Rev. 1983 (2013).
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Dennis Aftergut & Laurence H. Tribe, Judge Aileen Cannon Is Quietly Sabotaging the Trump Classified Documents Case, Slate (Jan. 16, 2024).
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Opinion: Why Trump’s immunity claim fell flat in court
January 25, 2024
Laurence Tribe, Norman Eisen & Taylor Redd, Opinion: Why Trump’s immunity claim fell flat in court, CNN (Jan. 10, 2024).
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Why Alvin Bragg’s hush money case is an excellent Plan B for holding Trump accountable
January 25, 2024
Laurence H. Tribe & Dennis Aftergut, Why Alvin Bragg’s hush money case is an excellent Plan B for holding Trump accountable, MSNBC (Dec. 20, 2023).
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Ban Trump from 2024 ballot? Why courts should rule he can’t serve as president again.
January 25, 2024
Laurence H. Tribe & Dennis Aftergut, Ban Trump from 2024 ballot? Why courts should rule he can’t serve as president again., USA Today (Oct. 31,…
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How to Make Russia Pay to Rebuild Ukraine
January 25, 2024
Laurence H. Tribe & Raymond P. Tolentino, How to Make Russia Pay to Rebuild Ukraine, Time (Sept. 26, 2023).
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The Constitution Prohibits Trump From Ever Being President Again
January 25, 2024
J. Michael Luttig & Laurence H. Tribe, The Constitution Prohibits Trump From Ever Being President Again, Atlantic (Aug. 19, 2023).
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Don’t Let Donald Trump Take His Case to Federal Court
January 25, 2024
Laurence H. Tribe, Donald Ayer & Dennis Aftergut, Don’t Let Donald Trump Take His Case to Federal Court, Atlantic (Aug. 15, 2023).
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Dennis Aftergut & Laurence H. Tribe, The Supreme Court Might Have Just Handed Jack Smith a Powerful New Tool, Slate (July 25, 2023).
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No One Above the Law: Trump Indicted on Federal Charges
January 25, 2024
Dennis Aftergut & Laurence H. Tribe, No One Above the Law: Trump Indicted on Federal Charges, Bulwark (June 8, 2023).
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Trump’s Most Pivotal, Incriminating Admission on CNN
January 25, 2024
Laurence H. Tribe & Dennis Aftergut, Trump’s Most Pivotal, Incriminating Admission on CNN, Just Sec. (May 17, 2023).
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Donald Trump Has a Fresh Legal Headache, and It May Be His Worst Yet
January 25, 2024
Dennis Aftergut, Norman L. Eisen & Laurence H. Tribe, Donald Trump Has a Fresh Legal Headache, and It May Be His Worst Yet, Slate (Mar.