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14 Sep 2019, 6:35 pm
These attempts, one at direct popular affirmation of leadership policies, and the other an institutionalized system for popular consultation, emerged in new forms after 2011 and have found their most complete expression in the complex processes of popular consultation and popular affirmation that marked the Cuban constitutional reform process of 2018-2019. [read post]
14 Sep 2019, 6:00 am by Guest Blogger
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
13 Sep 2019, 2:33 pm by Joseph Fishkin
 More from the announcement:A committee composed of members of ACS’s Board of Academic Advisors will select approximately 10 papers, and each selected author will have the opportunity to discuss his/her paper, as well as the paper of another author, in depth with two experienced scholars from the ACS network, which includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler, among others.More details here. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Below the fold are the results of the 2019-2020 Law Professor Twitter Census. [read post]
11 Sep 2019, 6:30 am by Guest Blogger
Lee, The Workplace Constitution: From the New Deal to the New Right (2014); Mark Tushnet, Taking the Constitution Away from the Courts (1999); Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise (2016); Sotirios A. [read post]
10 Sep 2019, 3:30 am by Hoi Kong
 Mark Tushnet, for instance, distinguishes between different forms of populism and identifies the constitutional implications of right- and left-wing populist policies. [read post]
16 Aug 2019, 2:07 pm by Dan Ernst
Mark Tushnet’s post last month on Balkinization on Justice Gorsuch’s reliance in the Gundy decision upon Amity Shlaes’s account of Schechter Poultry has prompted responses by Shlaes and Josh Blackman. [read post]
31 Jul 2019, 5:00 am by Josh Blackman
Harvard Law Professor Mark Tushnet criticized Justice Gorsuch for relying on Shlaes's work. [read post]
23 Jul 2019, 8:44 am by Sandy Levinson
 One of Mark Tushnet’s most famous descriptions was “the lawyer as astrophysicist,” referring [read post]
22 Jul 2019, 10:42 am by Howard Bashman
Mark Tushnet’s earlier post was titled “Epistemic Closure at the Supreme Court. [read post]
22 Jul 2019, 8:27 am by Richard Primus
An earlier post on this blog by Mark Tushnet explained that Justice Gorsuch’s dissent in Gundy v. [read post]
9 Jul 2019, 7:48 am by Steve Lubet
Loeb University Professor, Harvard Law School Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School Adam Winkler, Professor of Law, UCLA School of Law Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law [read post]
5 Jul 2019, 9:30 pm by Dan Ernst
  Also at Balkinization, Mark Tushnet on Justice Gorsuch getting his history of the Schechter case from Amity Shlaes. [read post]
2 Jul 2019, 5:38 am by John Mikhail
  To borrow a phrase from Mark Tushnet, his theory can be viewed as a type of defensive crouch constitutionalism. [read post]
19 Jun 2019, 6:00 am by Guest Blogger
One motivation for the project is a suggestion some years ago by Mark Tushnet that “judicial review basically amounts to noise around zero. [read post]
16 Jun 2019, 8:00 am by Guest Blogger
     I would be remiss if I did not pause here to observe -- once again, contra to Mark Tushnet’s dismissal of any relationship between the views of the political (and economic, and theological, etc.) thinkers I recount in my book and Reagan administration, Supreme Court, and legal academic originalism -- that, as it happens, Gary Lawson, a major figure in the latter three endeavors, testifies that, in fact, he read deeply in it (although, to be sure, in… [read post]
15 Jun 2019, 8:00 am by Guest Blogger
’ But with that brush cleared, I want to turn to a central substantive question raised by both Mark Tushnet and Gary Lawson, which is about whether there is any relationship between the political and constitutional argument I chronicle extensively in the book and legal academic and Meese Justice Department/Federalist Society originalism that Tushnet argues effectively succeeded (and obviated?) [read post]