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4 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).It probably did not occur to many people encountering Mark Tushnet’s early career work that he would wind up being something of a national treasure in constitutional law. [read post]
3 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Julia AzariNotorious Supreme Court decisions are central to theories about regime decline in American politics. [read post]
1 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). [read post]
31 Jul 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).D. [read post]
30 Jul 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Aaron BelkinI was honored to be asked to review Mark Tushnet’s Taking Back the Constitution, a brilliant and well-written book that I enjoyed reading. [read post]
29 Jul 2020, 8:00 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark Tushnet's Taking Back the Constitutionis one of his very best books (and he has written a fair number of them.) [read post]
29 Jul 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. [read post]
29 Jul 2020, 6:00 am
This week at Balkinization we are featuring a symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).We have assembled a terrific group of commentators, Stephen Griffin (Tulane), Julia Azari (Marquette) Amanda Hollis-Brusky (Pomona), Aaron Belkin (San Francisco State), Jamie Raskin (U.S. [read post]
3 Jul 2020, 6:31 am
JB: That is Mark Tushnet's view. [read post]
25 Jun 2020, 1:32 pm
I also share Mark Tushnet’s fearthat, because both criminal investigations and the impeachment process were so severely obstructed, we likely are aware of a much smaller fraction of the wrong-doing that has occurred than we were in previous national scandals: we cannot weigh the merits of leniency when we know only a slender fractionof what happened. [read post]
16 Jun 2020, 6:57 am
The night of the historic oral argument, Christine Farley of American University Washington College of Law hosted a discussion where I joined Rebecca Tushnet, Marty Schwimmer, and Cara Gagliano to recap the argument and discuss the case. [read post]
4 May 2020, 12:11 pm
So you've read the Tushnet brief and the government's brief. [read post]
4 May 2020, 8:15 am
He interrupted the advocates at the two-minute mark, even mid-sentence. [read post]
27 Apr 2020, 7:21 am
Austria: The Folly of Europe, [Abstract], 5 Journal of Global Justice & Public Policy 83-105 (2019).Mark Tushnet, Trump v. [read post]
26 Mar 2020, 12:42 pm
referer=&httpsredir=1&article=1275&context=caselrev Mark Tushnet, “Law and Prudence in the law of Judiciability: The Transformation and Disappearance of the Political Question Doctrine, North Carolina Law Review (2002), https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi? [read post]
25 Mar 2020, 10:10 am
When asked on a press call why Facebook was treating COVID-19 misinformation differently, Mark Zuckerberg invoked the First Amendment trope that “you can’t yell fire in a crowded theater. [read post]
11 Mar 2020, 5:00 pm
New Book Chapter: 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, Powers and Problems (Cambridge University Press 2020, eds. [read post]
2 Mar 2020, 10:14 am
Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t notice when they’re making empirical claims: SCt cases (even in Tam, on registration as endorsement). [read post]
20 Feb 2020, 8:43 am
Here I add a supplemental "note" to Tushnet's supplemental note. [read post]
20 Feb 2020, 7:06 am
Tushnet with a foreword by Randall Kennedy. [read post]
