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20 Aug 2020, 11:26 am by Sandy Levinson
  Discussions of “constitutional hardball,” which are rife these days—and a major theme of Mark Tushnet’s new book discussed in a recent symposium here on Balkinization—include lots of possibilities, including Court-packing or even, should GOP controlled states refuse to certify electors in states Biden carries after November, the refusal by the Democratic House to seat any members of those states’ congressional delegations (inasmuch as… [read post]
11 Aug 2020, 6:00 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark TushnetConventions often reflect enduring values, and so I begin with the conventional statement of appreciation for the seriousness with which the contributors to this Symposium have taken my arguments. [read post]
5 Aug 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
4 Aug 2020, 6:30 am by Stephen Griffin
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 by Guest Blogger
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 by Sandy Levinson
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 by Guest Blogger
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 by Guest Blogger
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 by JB
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 by Guest Blogger
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 by JB
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]
25 Jun 2020, 1:32 pm by David Super
  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 by Lisa Larrimore Ouellette
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]
16 Jun 2020, 6:57 am by Lisa Larrimore Ouellette
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]
27 Apr 2020, 7:21 am by Howard Friedman
Austria: The Folly of Europe, [Abstract], 5 Journal of Global Justice & Public Policy 83-105 (2019).Mark Tushnet, Trump v. [read post]