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21 Jun 2022, 8:00 am by Joseph Fishkin
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael Vorenberg, Final… [read post]
8 Jun 2022, 7:00 am by Guest Blogger
The word for sin, hamartia, means metaphorically (or in the case of Greek archery, literally) to miss the mark. [read post]
13 May 2022, 10:39 am by Eugene Volokh
Mark Lemley, Mark McKenna, and Rebecca Tushnet, who filed an amicus brief in support of our position; to Profs. [read post]
26 Apr 2022, 2:00 am by Katharine Van Tassel
Mark Tushnet (Harvard Law School), Trust the Science But Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State, SSRN (2022): This Essay offers a critique of one Progressive argument for the administrative... [read post]
22 Apr 2022, 9:30 pm by ernst
Mark Tushnet briefly blogs on The Hughes Court on the Cambridge University Press blog. [read post]
22 Apr 2022, 6:30 am by Guest Blogger
  Mark Tushnet is William Nelson Cromwell Professor of Law emeritus, Harvard Law School. [read post]
20 Apr 2022, 6:00 am by JB
This week at Balkinization we are hosting a symposium on Joseph Fishkin and William Forbath's new book, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).We have assembled a terrific group of commentators, including Kate Andrias (Columbia), Mark Graber (Maryland), Ken Kersch (B.C.), David Pozen (Columbia), Bertrall Ross (Virginia), Gerald Torres (Yale), Mark Tushnet (Harvard), and… [read post]
12 Apr 2022, 9:30 pm by ernst
Mark Tushnet has posted William Novak's New Democracy: The Creation of the Modern American State -- a Mini-Review over at Balkinization:William Novak’s superb New Democracy: The Creation of the Modern American State continues his project, begun with The People’s Welfare, of retrieving a constitutional tradition of active governance in the United States. [read post]
9 Apr 2022, 6:15 am by Lawrence Solum
And from the reviews: ‘No one understands the politics of law better or takes the law more seriously than Mark Tushnet. [read post]
8 Apr 2022, 10:52 am by ernst
 It's now out in print, from the Cambridge University Press: Mark V. [read post]
5 Apr 2022, 8:55 am by Lawrence Solum
Mark Tushnet (Harvard Law School) has posted Trust the Science But Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State on SSRN. [read post]
20 Mar 2022, 6:30 am by JB
Mark Tushnet and Bojan Bugaric, "Power to the People" -- Response to the Review Symposium [read post]
14 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Mark Tushnet and Bojan BugaricWe thank all the contributors to the review-symposium for their thoughtful engagement with Power to the People. [read post]
11 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Colm Ó CinnéideIntroduction: Why This Book is So GoodMark Tushnet and Bojan Bugaric have done a great service. [read post]
10 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Richard BellamyMark Tushnet and Bojan Bugaric's new book provides a welcome comparative perspective on the relations between populism and constitutionalism, which adds some much needed nuance to the discussion of the links between the two. [read post]
9 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Michael A Wilkinson  With Power to the People: Constitutionalism in the Age of Populism, Tushnet and Bugaric have written a refreshing book, avoiding the clichés so often associated with scholarship on populism. [read post]
8 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Silvia SuteuTushnet and Bugaric offer a welcome reassessment of our understanding of populism in a constitutional key. [read post]