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Mark Tushnet

  • How the Supreme Court Changed America This Year

    July 8, 2014

    Cass Sunstein: The most important Supreme Court decision of the 2013 term may well be EPA v. Homer City, which upheld the Environmental Protection Agency’s cross-state air pollution rule…Laurence Tribe: In a year in which the high court weighed in on presidential appointment power, public unions, abortion and religious freedom, many observers will say that the court is reshaping our politics and culture with sweeping pronouncements that inject it squarely into the most salient, controversial issues of the day…Martha Minow: Free speech and religious expression win; equality does less well; growing reliance on communications technologies and on government to address environmental harms informs the law; corporations and employers gain power relative to employees; tensions between branches continue, amid bold assertions of humility…Mark Tushnet: ...The court is constructing what in fancy terms we can call an ideology or philosophy of constitutional law. And, the current court’s philosophy is, broadly speaking, conservative, skeptical of expansive exercises of government power in the domestic arena, tending in a mildly libertarian direction.

  • Denial of coverage

    July 8, 2014

    The U.S. Supreme Court ruled in a 5-4 decision that closely held, for-profit corporations have a right to exercise the religious beliefs of their owners and therefore cannot be required by the Affordable Care Act (ACA) to provide contraception coverage to employees if it conflicts with those views. The Gazette spoke with Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School, about the decision and what it means for future corporate challenges to the ACA.

  • Mark Tushnet in conversation

    Tushnet analyzes Supreme Court’s Hobby Lobby ruling

    July 1, 2014

    In Burwell v. Hobby Lobby Stores Inc., the U.S. Supreme Court ruled in a 5-4 decision that closely held, for-profit corporations have a right to exercise the religious beliefs of their owners and therefore cannot be required by the Affordable Care Act (ACA) to provide contraception coverage to employees if it conflicts with those views. The Gazette spoke with Harvard Law School Professor Mark Tushnet  about the decision and what it means for future corporate challenges to the Affordable Care Act.

  • No finger-pointing at AG Martha Coakley over ruling

    June 30, 2014

    …On Thursday, the Supreme Court unanimously overturned a Massachusetts law creating buffer zones around the state’s abortion clinics…“It was a bad law,” said Harvard law professor Mark Tushnet. “It would be astonishing if any lawyer won this case.” Tushnet credited the Massachusetts attorney general’s office with winning a small tactical victory, even in defeat. A majority of the justices, he noted, found that the law did not discriminate against antiabortion protesters for the content of their speech. Instead, the justices found, it impinged on the rights of everyone outside the clinics, whatever their views. Tushnet said the finding, that the buffer zone law was “content-neutral,” could provide an opening for new, more limited measures designed to protect clinic-goers and employees…Nancy Gertner, a former US District Court judge and now a law professor at Harvard University, said she is not surprised that the two unanimous decisions did not produce a simple “bad week for Coakley” narrative. “You can’t begrudge the attorney general of the state defending a statute that supports the right to choose,” she said.

  • Professor Charles Ogletree speaking in commencement robes and hat

    Three Harvard Law faculty deliver commencement addresses

    May 29, 2014

    Professors Charles Ogletree, Noah Feldman, and Randall Kennedy each delivered commencement addresses this year, with Ogletree also receiving an honorary doctorate. Professors Alan Dershowitz and Mark Tushnet were also rewarded honorary degrees.

  • HLS Professor Mark Tushnet

    Religious Accommodation in the Age of Civil Rights (video)

    April 30, 2014

    “Religious Accommodation in the Age of Civil Rights,” a conference held at Harvard Law School April 3–5, brought together a group of distinguished legal scholars to discuss a broad range of controversies that have developed in recent years as marriage equality and anti-discrimination laws have prompted some religious organizations and private companies to assert claims of religious liberty and exemption from compliance with the law.

  • Mark Tushnet

    The Long Game

    January 1, 2014

    However much presidents want to influence the future through their judicial appointments, the problem, Professor Mark Tushnet writes in his new book, “In the Balance: Law and Politics on the Roberts Court” (Norton, 2013), “is that things change.”

  • Mark Tushnet in conversation

    A Q&A with Mark Tushnet on new challenges to the Affordable Care Act

    November 27, 2013

    The Harvard Gazette recently spoke with Harvard Law School Professor Mark Tushnet about two upcoming challenges to the Affordable Care Act involving for-profit companies that object on religious grounds to providing contraceptive coverage to their employees.

  • Justice Breyer

    A reflective Justice Breyer explains inner workings of Supreme Court at HLS

    October 4, 2013

    To celebrate the 20th anniversary of his appointment to the United States Supreme Court, Associate Justice Stephen Breyer visited Harvard Law School on Oct. 1 for an informal chat with HLS Dean Martha Minow, and later took part in a panel discussion with several HLS professors who examined his tenure and some of his most notable opinions.

  • HLS faculty assess Zimmerman case, Bulger trial and the week’s legal news

    July 11, 2013

    In a week of many developments in the world of law, Harvard Law School faculty were online, in print, and on-the-air offering analyses and opinions.

  • Recent Faculty Books – Summer 2013

    July 1, 2013

    “Designing Systems and Processes for Managing Disputes” (Wolters Kluwer, 2013), co-written by Clinical Professor Robert C. Bordone ’97, Professor Emeritus Frank E.A. Sander ’52, Nancy H. Rogers, and Craig A. McEwen, is the first course book of its kind offering a multidisciplinary and skill-based guide to designing and implementing alternative dispute resolution systems.

  • The Supreme Court

    HLS faculty weigh in on Supreme Court rulings

    June 27, 2013

    The U.S. Supreme Court ruled this week on several major cases including United States v. Windsor and Hollingsworth v. Perry in regard to same-sex marriage, Fisher v. University of Texas on Affirmative Action, and Shelby County v. Holder, which concerned the Voting Rights Act of 1965. A number of HLS faculty shared their opinions of the rulings on the radio, television, on the web and in print.

  • Jackson and Tushnet discuss new book on constitutional law

    May 16, 2013

    In April, Harvard Law School Professor Mark Tushnet, a specialist in constitutional law and theory, was interviewed by his colleague and former collaborator Vicki Jackson on the new book “Routledge Handbook of Constitutional Law” (Routledge 2012). Tushnet co-edited the book with Thomas Fleiner and Cheryl Saunders.

  • Panelists David Barron, Mark Tushnet, James Lindgren, and Jack Goldsmith

    A question of balance: intellectual diversity in legal education

    April 16, 2013

    At Harvard Law School on April 5, a panel of four leading legal scholars examined a single question: Is there a lack of intellectual diversity at law schools?

  • Dr. Enver Hasani

    President Of Kosovo Constitutional Court speaks at HLS

    February 27, 2013

    On Feb. 4, more than 70 Harvard Law School students, faculty, and other members of the Harvard community gathered in Wasserstein Hall to hear Dr. Enver Hasani, president of the Constitutional Court of Kosovo, speak on “European Self-Determination and the Advisory Opinion of the International Court of Justice on Kosovo.”

  • Rev. Martin Luther King Jr. at HLS

    Briefs: Some memorable moments, milestones and a Miró

    October 1, 2012

    In October 1962, the Rev. Martin Luther King Jr. spoke at Harvard Law School on “The Future of Integration.” It was six months before he would be imprisoned in a Birmingham jail, 10 months before the March on Washington, almost two years before the signing of the Civil Rights Act and almost six years before his assassination. “It may be that the law cannot make a man love me,” he said, “but it can keep him from lynching me.”

  • Up in the Air

    July 1, 2010

    The title of Professor Mark Tushnet’s “Why the Constitution Matters” is something of a misnomer.

  • 2009 Year in Review: Faculty Publications

    December 14, 2009

    In their book,“No Place to Hide: Gang, State, and Clandestine Violence in El Salvador” (Harvard University Press, 2009), Clinical Professor James Cavallaro and Spring…

  • American Constitution Society hosts “The Constitution in 2020”

    November 16, 2009

    The American Constitution Society of HLS sponsored “The Constitution in 2020,” a panel discussion in November featuring Harvard Law School Professors Yochai Benkler ’94, Frank Michelman ’60, Mark Tushnet, and Noah Feldman, all contributors to a recently published book of the same title. The book’s goal is to contest the conservative idea that constitutional law should not be influenced by contemporary understandings of law and the political landscape.

  • Panelists debate the merits and shortcomings of the Constitution

    September 23, 2009

    The resilience of the U.S. Constitution, the nation’s founding document, was put to the test Sept. 17 by a number of scholars who challenged its legacy and effectiveness.

  • U.S. Supreme Court Associate Justice David Souter

    LIVE WEBCAST: Justice Souter discusses U.S. Constitution with Feldman

    September 17, 2009

    The U.S. Constitution, the cornerstone of the American federal system of government, will be under close scrutiny at Harvard on Thursday (Sept. 17) as a collection of scholars examines both its merits and shortcomings. A live webcast of the event will be available beginning at 1 p.m.