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18 Feb 2024, 6:30 am by Guest Blogger
Barry Cushman, The Secret Lives of the Four Horsemen, 83 Va. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
31 Jan 2023, 8:55 am by Lawrence Solum
Barry Cushman (Notre Dame Law School) has posted Court-Packing in Context (Journal of Supreme Court History (forthcoming, 2023)) on SSRN. [read post]
29 Jan 2023, 9:30 pm by ernst
Barry Cushman, Notre Dame Law School, has posted Court-Packing in Context which is forthcoming in the Journal of Supreme Court History:Burton Wheeler, March 1937 (LC)There is a curious lacuna in the literature on the Court-packing crisis of 1937. [read post]
22 Jun 2020, 6:35 pm by Adam Steinman
It features contributions by Jack Beermann, Erwin Chemerinsky, Barry Cushman, Bert Huang, Alli Larsen, Marin Levy, and Mary-Rose Papandrea. [read post]
10 Feb 2020, 12:00 pm by Gerry W. Beyer
Barry Cushman recently published an Article entitled, The Decline of Revocation by Physical Act, Wills, Trusts, & Estates Law eJournal (2020). [read post]
25 Jun 2019, 6:30 am by Guest Blogger
FDR succeeded in that respect (even if Barry Cushman’s no-switch analysis of Justice Roberts is correct). [read post]
5 Jun 2019, 8:00 am by Dan Ernst
Barry Cushman, Notre Dame Law School, has posted The Judicial Reforms of 1937, which is forthcoming in volume 61 of the William and Mary Law Review (2020):The literature on reform of the federal courts in 1937 understandably focuses on the history and consequences of President Franklin D. [read post]
1 Apr 2019, 9:14 am by Rick Pildes
  Earlier work suggests the courts issued more than 1,600 injunctions against New Deal legislation, but a recent talk I heard by Professor Barry Cushman put that figure at more than twice that number. [read post]
6 Mar 2019, 12:00 am by karen shephard
University of Georgia School of Law –  Barry Cushman, John P. [read post]
16 Oct 2018, 6:30 am by ernst
Barry Cushman, Notre Dame Law School, has posted The Place of Economic Crisis in American Constitutional Law: The Great Depression As a Case Study, which is forthcoming in Liberal Constitutions in Financial Crises, edited by Tom Ginsburg, Mark Rosen, & Georg Vanberg (Cambridge University Press, 2019):This chapter considers the role that conditions of economic crisis might have played in cases involving judicial review of economic regulation decided by the Supreme Court of… [read post]
25 Jul 2018, 8:36 am by Dan Ernst
"A Very Insanitary Cellar Bakery" (NYPL)Barry Cushman, Notre Dame Law School, has posted Teaching the Lochner Era, which appears in the St. [read post]
7 May 2018, 7:09 am by Randy Barnett
Bernstein Rethinking the New Deal Court: The Structure of a Constitutional Revolution by Barry Cushman Constitutional Theory: Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review by Keith E. [read post]
29 Sep 2017, 10:16 am by Christine Corcos
Barry Cushman, Notre Dame Law School, has published Inside the 'Constitutional Revolution' of 1937 at 2016 Supreme Court Law Review 367 (2017). [read post]
29 Sep 2017, 10:16 am
Barry Cushman, Notre Dame Law School, has published Inside the 'Constitutional Revolution' of 1937 at 2016 Supreme Court Law Review 367 (2017). [read post]
20 Sep 2017, 8:23 am by ernst
Barry Cushman, Notre Dame Law School, has posted Inside the "Constitutional Revolution" of 1937, which appeared in the Supreme Court Review 2016 (2107): 367-409:The nature and sources of the New Deal Constitutional Revolution are among the most discussed and debated subjects in constitutional historiography. [read post]