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17 Sep 2010, 8:55 am by JB
Sandy’s book anticipates Mark Tushnet's populist constitutionalism, developed in his 1999 book, Taking the Constitution Away from the Courts, popular constitutionalism, articulated in Larry Kramer's important 2004 history, The People Themselves: Popular Constitutionalism and Judicial Review, and a wide range of people writing in the genre of what is now called "the Constitution outside the courts. [read post]
15 Sep 2010, 10:37 pm by Dan Ernst
"]The Institute for Constitutional History announces “The Hughes Court,” a seminar for Fall 2010, to be led by Mark Tushnet, William Nelson Cromwell Professor of Law at the [read post]
13 Sep 2010, 5:11 am by Gerard Magliocca
Madison, 5 U.S. (1 Cranch) 137 (1803); Barry Friedman, The Will of the People:  How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution 62-63 (2009) (giving the conventional view of Marbury); Mark Tushnet, Constitutional Hardball, 37 J. [read post]
9 Sep 2010, 6:34 am by Stephen Griffin
If so, that would be support for what Mark Tushnet has called the "chastening" of constitutional law.In the second part of the book, Breyer moves to the present and addresses the structure in which constitutional and statutory interpretation should take place. [read post]
26 Aug 2010, 8:27 am by Mary L. Dudziak
Contributors include John Witt, Edward Purcell, Martin Flaherty, Mark Tushnet and many [read post]
10 Aug 2010, 8:13 am by Matthew Scarola
” At Balkinization, Marvin Ammori flags an interview featuring Harvard Law Professor Mark Tushnet, in which Tushnet discusses, among other things, “his personal and professional thoughts on Elena Kagan, the importance recent president have placed on judicial appointments, and whether judicial experience matters for a Supreme Court nominee. [read post]
30 Jul 2010, 1:29 pm by Sandy Levinson
Mark Tushnet has coined the term "constitutional hardball" and Adrian Vermeule and Eric Posner "constitutional showdowns" to refer to certain sorts of acriminious controversies over the extent of institutional power under the Constitution. [read post]
20 Jul 2010, 1:40 pm by Mary L. Dudziak
The Legal History Blog thanks Mark Tushnet, who has been with us as a guest since the beginning of June. [read post]
16 Jul 2010, 8:57 am by Lawrence Solum
: Corporate Criminal LiabilityGeneral Reporter: Mark Pieth, Basel, SwitzerlandChair: Susan Karamanian, Washington, D.C., USA12:30 pmLunches: Please indicate on your registration form which lunch you plan to attend. [read post]
14 Jul 2010, 2:08 pm by Eric
More comments from Rebecca Tushnet (smart and challenging, as always—especially about the numerous empirical deficiencies in the opinion), Ryan Gile and Tom O’Toole. [read post]
12 Jul 2010, 5:24 am by Walter Olson
Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof] Too much like a Star Wars lightsaber? [read post]
10 Jul 2010, 4:48 pm by constitutional lawblogger
Supreme Court Nominee Elena Kagan has submitted her written responses to post-testimony "Questions Submitted for the Record" from Senators Jeff Sessions, Chuck Grassley, Jon Kyl, Lindsay Graham, John Cornyn, and Tom Coburn. [read post]
6 Jul 2010, 10:18 am by Mary L. Dudziak
Mark Tushnet has an interesting post on how constitutional law changes, focusing especially on the 1930s and the "switch in time. [read post]
5 Jul 2010, 10:43 am by Eric E. Johnson
The database is the work of Georgetown prawf Rebecca Tushnet. [read post]
28 Jun 2010, 3:09 pm by Brooks Holland
Interestingly, Mark Tushnet at Balkinization today examines Justice Ginsburg's sharp tone in Christian Legal Society, and notes, "It's almost as if these parts of the opinion had been written by Justice Scalia. [read post]
21 Jun 2010, 8:25 am by B.C. Barnes
Garvey, Kimberly Kessler Ferzan.CALL #: K 5018 .C753 2009AUTHOR: Tushnet, Mark V., 1945-TITLE: Out of range: why the Constitution can't end the battle over guns / Mark V. [read post]
18 Jun 2010, 8:47 am by Dan Ernst
Winnebago County Social Services Department, 489 U.S. 189 (1989).Update: Be sure to read Mark Tushnet's comment, which disputes Greenhouse's interpretation of Kagan's "Join 4" recommendation. [read post]
7 Jun 2010, 2:53 pm by David Lat
[Technolawyer] * Meet Eve Tushnet — daughter of Harvard law professor Mark Tushnet, sister of Georgetown law professor Rebecca Tushnet — the prominent lesbian writer who’s opposed to same-sex marriage. [read post]