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12 Jul 2013, 1:15 pm by Legal Talk Network
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. [read post]
1 Apr 2011, 12:19 pm by Randy Barnett
(Randy Barnett) In addition to the new article by Jim Lindgren blogged about below, Larry Solum has the scoop today on new articles by Michael Dorf (Cornell) on A Theory of the Constitution, Mark Tushnet (Harvard Law School) on Taking the Law Away from the Courts, Benjamin Wittes (Brookings Institution) on Defamation and Treason in the Early Republic, Heather Gerken (Yale University — Law School) on Concurring by Nondecision, and Richard Posner (United States Court of Appeal… [read post]
18 Apr 2013, 9:26 am by Rick Garnett
Over at Balkinization, Mark Tushnet has a few posts commenting and reflecting on a recent event at Harvard Law School, "Intellectual Diversity and the Legal Academy." [read post]
16 Nov 2010, 5:51 pm by Patrick S. O'Donnell
I am reading once more Jeremy Waldron’s wonderful book, Law and Disagreement (1999), the complementary volume to his equally worthy Seeley Lectures, published as The Dignity of Legislation (1999) (for the record, I don’t share Waldron’s thoughts—or those of Larry Kramer or Mark Tushnet for that matter—on judicial review), which is relevant to several things I’m working on, but especially toward completing a couple of reviews of recent books… [read post]
17 Jan 2023, 8:00 am by JB
Jackson Women's Health Organization.The contributors include Anita Allen, Akhil Amar, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, Robin West, and myself.This book is part of a trilogy on important Supreme Court cases. [read post]
5 Aug 2016, 8:40 am by Joseph Fishkin
The announcement explains: "A committee composed of members of ACS’s Board of Academic Advisors will select 10 papers and each selected author will have the opportunity to discuss his/her paper in depth with two experienced scholars, from a group that includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler. [read post]
13 Feb 2013, 7:43 am by Dan Ernst
McCurdy, University of Virginia (on the “Ideological Origins of the Court-Packing Plan”)Mark Tushnet, Harvard Law School (on “Korematsu after September 11”)James F. [read post]
27 Dec 2012, 10:26 am by Jeff Lipshaw
Over at Balkinization, Mark Tushnet has a note about the movie Lincoln, a character's reference to President Lincoln signing the Thirteenth Amendment, and the fact that a President need not, as with a bill, sign a constitutional amendment for it to take effect. [read post]
17 Jul 2009, 9:13 am
Mark Tushnet is certainly right in his post earlier this week that the confirmation hearings had a large element of ritual and would be an intriguing object of study for anthropologists. [read post]
1 May 2016, 9:05 pm by Walter Olson
How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins] Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber] “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef,… [read post]
10 Apr 2008, 2:24 am
Horowitz, Vicki Jackson, Inga Markovits, Balakrishnan Rajagopal, Kim Lane Scheppele, Karol Edward Soltan, Jane Stromseth, Mark Tushnet, William Van Alstyne, and Jennifer Widner. [read post]
17 Jan 2016, 9:30 pm by Anne Kornhauser
In his response to Jeremy Kessler's approbatory and thoughtful review of Dan Ernst's terrific book on the emergence and legitimation of the administrative state, Mark Tushnet calls for the integration of the intellectual history of the administrative state with its political-institutional history, how the state governs in practice. [read post]
29 Nov 2012, 8:50 am by Lawrence Solum
Supreme Court’s failure to adopt any single foundational constitutional theory makes pragmatism the best descriptive characterization of the Court, as Mark Tushnet has suggested. [read post]
26 Nov 2017, 1:42 pm by Guest Blogger
Likewise, the disagreement between Richard Primus and Mark Tushnet over how the Democrats should respond to the mistreatment of Chief Judge Merrick Garland or any enactment of the proposal of Steven Calabresi and Shams Hirji to pack the lower federal courts indicates that “Court Packing, The Sequel” is unlikely to divide people simply along party lines.3. [read post]
19 Apr 2010, 12:40 pm by Paul Horwitz
 Two of the most interesting responses were from Mark Tushnet and Jonathan Adler, although I agree much more with Tushnet than Adler. [read post]
6 Jul 2011, 9:13 am by Sandy Levinson
It is clear that Section 4 of the Fourteenth Amendment is now, in Mark Tushnet's helpful reformulation, "on the table" in the current debate over the possibility of a US default on its debt. [read post]
24 Mar 2008, 2:22 pm
Eric Posner's recent essay in Slate claims "the best recent academic work (by people like Adrian Vermeule, Jeremy Waldron, Mark Tushnet, Cass Sunstein, and Larry Kramer) points out the thin moral, political, institutional, and historical basis for judicial supremacy. [read post]
15 Nov 2010, 6:16 pm by Paul Horwitz
Mark Tushnet once wrote about the "'lawyer as astrophysicist' assumption, namely that the generalist training of lawyers allows any lawyer to read a text on astrophysics over the weekend and launch a rocket on Monday."   [read post]