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Mark Tushnet

January 20, 2023

Mark Victor Tushnet (born 18 November 1945)[1] is an American legal scholar. He specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School.[2] Tushnet is identified with the critical legal studies movement.[3]

Mark Tushnet
Tushnet speaking at Singapore Management University in 2018
Born (1945-11-18) 18 November 1945 (age 77)
Newark, New Jersey, U.S.
NationalityUnited States
Alma materHarvard University (AB)
Yale University (MA, JD)
OccupationWilliam Nelson Cromwell Professor of Law
EmployerHarvard Law School
Known forExpert on Constitutional law

Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people."[4] In 2020, Tushnet published a book extending his previous writing about judicial overreach concerning the process of judicial review, which he originally started discussing in his 1999 book on this subject.[5]

Career

In 1967, Tushnet received his A.B. from Harvard College.[6][7] He later received an M.A. in history from Yale University and his J.D. from the Yale Law School. Tushnet has been a faculty member at the University of Wisconsin–Madison while he taught for many years at the Georgetown University Law Center and has given lectures at Duke University.[8][9][10][11]

Tushnet served as a law clerk to Justice Thurgood Marshall of the United States Supreme Court between 1972 and 1973.[12] In a 1996 congressional hearing on President Bill Clinton's veto of the Partial-Birth Abortion Ban Act, Tushnet testified about his involvement in Roe v. Wade, the 1973 case that struck down state laws prohibiting abortion. During questioning it was alleged that a memorandum written by Tushnet to Marshall had a significant influence on the outcome of the case.[13] More recently, he commented on the power of the president to pardon himself, composition of the Court, and the retirement of Justice Anthony Kennedy.[14][15][16] He is also widely quoted in the press as an expert on the First Amendment right to free speech and the scope of presidential powers.[17][18][19] In 2016, Tushnet was listed among the ten most frequently cited law professors.[20]

One of the more controversial figures in constitutional theory, he is identified with the 'critical legal studies' movement and once stated in an article that, were he asked to decide actual cases as a judge, he would seek to reach results that would "advance the cause of socialism".[21] Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people."[4] Tushnet is, with Harvard Law Professor Vicki Jackson, the co-author of a casebook entitled Comparative Constitutional Law (Foundation Press, 2d ed. 2006).

In 2020, Tushnet published a book extending his previous writing about judicial overreach concerning the process of judicial review, which he originally started discussing in his 1999 book on this subject.[5]

Personal life

Tushnet is Jewish, and he married his wife Elizabeth Alexander at a Methodist Church.[22] She is currently a Unitarian[23][24] and formerly directed the National Prison Project of the American Civil Liberties Union but now works in private practice. Their daughter Rebecca Tushnet is also a professor of law at Harvard Law School.[25][26] Their other daughter Eve is a lesbian author and blogger.[27][23]

Bibliography

  1. Taking Back the Constitution: Activist Judges and the Next Age of American Law, (Yale U. Press, 2020).
  2. In the Balance: Law and Politics on the Roberts Court, (W. W. Norton & Company, 2013) ISBN 0393073440.
  3. I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases, (Malaysia: Beacon Press, pp. 256, 2008)
  4. Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law, (Princeton University Press, 2007).
  5. A Court Divided: The Rehnquist Court and the Future of Constitutional Law (W. W. Norton & Company, 2005) ISBN 0393327574
  6. The New Constitutional Order (Princeton U. Press 2003).
  7. Slave Law in the American South: State v. Mann in History and Literature (University Press of Kansas 2003).
  8. The Oxford Handbook of Legal Studies (Peter Cane & Mark V. Tushnet eds., Oxford University Press 2003).
  9. Defining the Field of Comparative Constitutional Law (Vicki C. Jackson & Mark Tushnet eds., Praeger 2002).
  10. And L. Michael Seidman et al., Constitutional Law (Little, Brown and Co. 4th ed. 2001).
  11. Et al., Federal Courts in the 21st Century: Cases and Materials (LexisNexis 2001).
  12. Marshall, Thurgood (2001). Tushnet, Mark V. (ed.). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Kennedy, Randall (Foreword by). Chicago: Chicago Review Press, Incorporated – Lawrence Hill Books. ISBN 9781556523861.
  13. Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991 (Oxford University Press 1997).
  14. Brown v. Board of Education: The Battle for Integration (Franklin Watts 1995).
  15. The Warren Court in Historical and Political Perspective (Mark V. Tushnet ed., 1993).
  16. Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1956–1961 (1994).
  17. The NAACP's Legal Strategy Against Segregated Education, 1925–1950 (1987).
  18. The American Law of Slavery, 1810–1860: Considerations of Humanity and Interest (1981).
  19. And L. Michael Seidman et al., Constitutional Law (Little, Brown and Co. Supp. 1986, 1988, 1990, 1991, 2d ed. 1991, Supp. 1992, 1995, 1996, 3d ed. 1996, Supp. 1998, 4th ed. 2001).
  20. And Vicki C. Jackson, Comparative Constitutional Law (Foundation Press 1999).
  21. Taking the Constitution Away From the Courts (Princeton University Press 1999), excerpted in Great Cases in Constitutional Law (Robert P. George ed., Princeton University Press, 2000) (reprinting chapter 1 in substance). Symposium of Commentaries on this book: 34 University of Richmond Law Review 359–566 (2000).
  22. And L. Michael Seidman et al., Teacher's Manual to The First Amendment (Aspen Law & Business 1999).
  23. And Francisco Forrest Martin, The Rights International Companion to Constitutional Law: An International Human Rights Law Supplement (Kluwer Law International 1999).
  24. And L. Michael Seidman, Remnants of Belief: Contemporary Constitutional Issues (Oxford University Press 1996).
  25. Constitutional Issues: The Death Penalty (Facts On File, Inc. 1994).
  26. Constitutional Law (International Library of Essays in Law & Legal Theory) (Mark V. Tushnet, ed., New York University Press 1992).
  27. Comparative Constitutional Federalism: Europe and America (Mark V. Tushnet, ed., Greenwood Press 1990).
  28. Central America and the Law: The Constitution, Civil Liberties, and the Courts (South End Press 1988).
  29. Red, White, and Blue: A Critical Analysis of Constitutional Law (Harvard University Press 1988).
  30. Out of Range: Why the Constitution Can't End the Battle over Guns (Oxford University Press 2007).

See also

References

  1. ^ date & year of birth according to LCNAF CIP data
  2. ^ "Mark Tushnet | Harvard Law School".
  3. ^ Gregory, David L. (1987). "A Guide to Critical Legal Studies". Duke Law Journal: 1138–1150. doi:10.2307/1372599. JSTOR 1372599.
  4. ^ a b Mark Tushnet. Taking the Constitution Away From the Courts (Princeton University Press 1999), pp. 1–11.
  5. ^ a b Taking Back the Constitution: Activist Judges and the Next Age of American Law, Yale U. Press, 2020.
  6. ^ Karr, Mia C. (28 November 2016). "Law Professor Included on Conservative Nonprofit's 'Watchlist'". Harvard Crimson. Retrieved 15 August 2018.
  7. ^ Pazzanes, Christina (27 July 2018). "Are there holes in the Constitution?". Harvard Law Today Magazine. Retrieved 15 August 2018.
  8. ^ "Currie Lecture 2010 | Mark Tushnet, More Than Half a Loaf: Administrative Law in the 1930s | Duke University School of Law".
  9. ^ "Faculty Notes". The Gargoyle-Alumni Magazine of the University of Wisconsin Law School. 9 (1): 4. Autumn 1977. Retrieved 15 August 2018.
  10. ^ "Faculty Bio-Mark Tushnet". Georgetown Law Center. Retrieved 15 August 2018.
  11. ^ Leiter, Brian (22 February 2006). "Harvard Makes Offer to Mark Tushnet". Blog: Brian Leiter's Law School Reports. Retrieved 15 August 2018.
  12. ^ Mineo, Liz (29 September 2017). "Thurgood Marshall: The soundtrack of their lives Five former clerks of the Supreme Court justice and civil rights champion recall the man who became an icon". Harvard Law Today Magazine. Retrieved 15 August 2018.
  13. ^ Origins & Scope of Roe v. Wade: Hearing Before the Committee on the Judiciary, U.S. House of Representatives. DIANE Publishing. 1996. p. 119. ISBN 978-0-7881-4919-1.
  14. ^ Mangin, Don; Higgins, Tucker (4 June 2018). "Here's what 12 experts say about whether President Trump can pardon himself". CNBC. Retrieved 15 August 2018.
  15. ^ Lemieux, Scott (10 May 2018). "Democrats: Prepare to Pack the Supreme Court". The New Republic. Retrieved 15 August 2018.
  16. ^ Miller, Brian (2 July 2018). "The Jurisprudence of Doubt". Forbes. Retrieved 15 August 2018.
  17. ^ Whitley, David (23 May 2018). "Commentary: NFL did fans and players a favor with anthem rule". Orlando Sentinel. Retrieved 15 August 2018.
  18. ^ Blake, Aaron (27 January 2018). "Could lying about trying to fire Mueller put Trump in even more hot water?". Washington Post. Retrieved 15 August 2018.
  19. ^ Illing, Sean (11 May 2017). "This Harvard law professor thinks Trump really could be impeached over Comey". Vox. Retrieved 15 August 2018.
  20. ^ Adler, Jonathan H. (19 May 2016). "Most-cited law faculty, 2010–2014". Washington Post. Volokh Conspiracy Blog. Retrieved 15 August 2018.
  21. ^ "The Dilemmas of Liberal Constitutionalism," 42 Ohio State Law Journal 411, 424 (1981).
  22. ^ "Chariton Herald Patriot Archives, Sep 11, 1969, p. 3". 11 September 1969.
  23. ^ a b Oppenheimer, Mark (4 June 2010). "A Gay Catholic Voice Against Same-Sex Marriage". New York Times.
  24. ^ "James C. "Neil" Alexander (1915-2006) - Find A". Find a Grave.
  25. ^ Stohr, Greg (14 November 2017). "Free Speech Is Starting to Dominate the U.S. Supreme Court's Agenda". Bloomberg. Retrieved 15 August 2018.
  26. ^ Paulson, Michael; Alter, Alexandra (23 March 2018). "We Asked 7 Lawyers to Untangle the Broadway Fight Over 'To Kill a Mockingbird'". New York Times. Retrieved 15 August 2018.
  27. ^ "'Gay and Catholic': An Interview with Author Eve Tushnet". America Magazine. 3 July 2014. Retrieved 21 March 2015.

External links

  • Harvard Law School faculty page for Professor Tushnet
  • Appearances on C-SPAN

January 20, 2023
mark, tushnet, mark, victor, tushnet, born, november, 1945, american, legal, scholar, specializes, constitutional, theory, including, comparative, constitutional, currently, william, nelson, cromwell, professor, harvard, school, tushnet, identified, with, crit. Mark Victor Tushnet born 18 November 1945 1 is an American legal scholar He specializes in constitutional law and theory including comparative constitutional law and is currently the William Nelson Cromwell Professor of Law at Harvard Law School 2 Tushnet is identified with the critical legal studies movement 3 Mark TushnetTushnet speaking at Singapore Management University in 2018Born 1945 11 18 18 November 1945 age 77 Newark New Jersey U S NationalityUnited StatesAlma materHarvard University AB Yale University MA JD OccupationWilliam Nelson Cromwell Professor of LawEmployerHarvard Law SchoolKnown forExpert on Constitutional lawTushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned to the people 4 In 2020 Tushnet published a book extending his previous writing about judicial overreach concerning the process of judicial review which he originally started discussing in his 1999 book on this subject 5 Contents 1 Career 2 Personal life 3 Bibliography 4 See also 5 References 6 External linksCareer EditIn 1967 Tushnet received his A B from Harvard College 6 7 He later received an M A in history from Yale University and his J D from the Yale Law School Tushnet has been a faculty member at the University of Wisconsin Madison while he taught for many years at the Georgetown University Law Center and has given lectures at Duke University 8 9 10 11 Tushnet served as a law clerk to Justice Thurgood Marshall of the United States Supreme Court between 1972 and 1973 12 In a 1996 congressional hearing on President Bill Clinton s veto of the Partial Birth Abortion Ban Act Tushnet testified about his involvement in Roe v Wade the 1973 case that struck down state laws prohibiting abortion During questioning it was alleged that a memorandum written by Tushnet to Marshall had a significant influence on the outcome of the case 13 More recently he commented on the power of the president to pardon himself composition of the Court and the retirement of Justice Anthony Kennedy 14 15 16 He is also widely quoted in the press as an expert on the First Amendment right to free speech and the scope of presidential powers 17 18 19 In 2016 Tushnet was listed among the ten most frequently cited law professors 20 One of the more controversial figures in constitutional theory he is identified with the critical legal studies movement and once stated in an article that were he asked to decide actual cases as a judge he would seek to reach results that would advance the cause of socialism 21 Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned to the people 4 Tushnet is with Harvard Law Professor Vicki Jackson the co author of a casebook entitled Comparative Constitutional Law Foundation Press 2d ed 2006 In 2020 Tushnet published a book extending his previous writing about judicial overreach concerning the process of judicial review which he originally started discussing in his 1999 book on this subject 5 Personal life EditTushnet is Jewish and he married his wife Elizabeth Alexander at a Methodist Church 22 She is currently a Unitarian 23 24 and formerly directed the National Prison Project of the American Civil Liberties Union but now works in private practice Their daughter Rebecca Tushnet is also a professor of law at Harvard Law School 25 26 Their other daughter Eve is a lesbian author and blogger 27 23 Bibliography EditTaking Back the Constitution Activist Judges and the Next Age of American Law Yale U Press 2020 In the Balance Law and Politics on the Roberts Court W W Norton amp Company 2013 ISBN 0393073440 I Dissent Great Opposing Opinions in Landmark Supreme Court Cases Malaysia Beacon Press pp 256 2008 Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law Princeton University Press 2007 A Court Divided The Rehnquist Court and the Future of Constitutional Law W W Norton amp Company 2005 ISBN 0393327574 The New Constitutional Order Princeton U Press 2003 Slave Law in the American South State v Mannin History and Literature University Press of Kansas 2003 The Oxford Handbook of Legal Studies Peter Cane amp Mark V Tushnet eds Oxford University Press 2003 Defining the Field of Comparative Constitutional Law Vicki C Jackson amp Mark Tushnet eds Praeger 2002 And L Michael Seidman et al Constitutional Law Little Brown and Co 4th ed 2001 Et al Federal Courts in the 21st Century Cases and Materials LexisNexis 2001 Marshall Thurgood 2001 Tushnet Mark V ed Thurgood Marshall His Speeches Writings Arguments Opinions and Reminiscences Kennedy Randall Foreword by Chicago Chicago Review Press Incorporated Lawrence Hill Books ISBN 9781556523861 Making Constitutional Law Thurgood Marshall and the Supreme Court 1961 1991 Oxford University Press 1997 Brown v Board of Education The Battle for Integration Franklin Watts 1995 The Warren Court in Historical and Political Perspective Mark V Tushnet ed 1993 Making Civil Rights Law Thurgood Marshall and the Supreme Court 1956 1961 1994 The NAACP s Legal Strategy Against Segregated Education 1925 1950 1987 The American Law of Slavery 1810 1860 Considerations of Humanity and Interest 1981 And L Michael Seidman et al Constitutional Law Little Brown and Co Supp 1986 1988 1990 1991 2d ed 1991 Supp 1992 1995 1996 3d ed 1996 Supp 1998 4th ed 2001 And Vicki C Jackson Comparative Constitutional Law Foundation Press 1999 Taking the Constitution Away From the Courts Princeton University Press 1999 excerpted in Great Cases in Constitutional Law Robert P George ed Princeton University Press 2000 reprinting chapter 1 in substance Symposium of Commentaries on this book 34 University of Richmond Law Review 359 566 2000 And L Michael Seidman et al Teacher s Manual to The First Amendment Aspen Law amp Business 1999 And Francisco Forrest Martin The Rights International Companion to Constitutional Law An International Human Rights Law Supplement Kluwer Law International 1999 And L Michael Seidman Remnants of Belief Contemporary Constitutional Issues Oxford University Press 1996 Constitutional Issues The Death Penalty Facts On File Inc 1994 Constitutional Law International Library of Essays in Law amp Legal Theory Mark V Tushnet ed New York University Press 1992 Comparative Constitutional Federalism Europe and America Mark V Tushnet ed Greenwood Press 1990 Central America and the Law The Constitution Civil Liberties and the Courts South End Press 1988 Red White and Blue A Critical Analysis of Constitutional Law Harvard University Press 1988 Out of Range Why the Constitution Can t End the Battle over Guns Oxford University Press 2007 See also EditList of law clerks of the Supreme Court of the United States Seat 10 References Edit date amp year of birth according to LCNAF CIP data Mark Tushnet Harvard Law School Gregory David L 1987 A Guide to Critical Legal Studies Duke Law Journal 1138 1150 doi 10 2307 1372599 JSTOR 1372599 a b Mark Tushnet Taking the Constitution Away From the Courts Princeton University Press 1999 pp 1 11 a b Taking Back the Constitution Activist Judges and the Next Age of American Law Yale U Press 2020 Karr Mia C 28 November 2016 Law Professor Included on Conservative Nonprofit s Watchlist Harvard Crimson Retrieved 15 August 2018 Pazzanes Christina 27 July 2018 Are there holes in the Constitution Harvard Law Today Magazine Retrieved 15 August 2018 Currie Lecture 2010 Mark Tushnet More Than Half a Loaf Administrative Law in the 1930s Duke University School of Law Faculty Notes The Gargoyle Alumni Magazine of the University of Wisconsin Law School 9 1 4 Autumn 1977 Retrieved 15 August 2018 Faculty Bio Mark Tushnet Georgetown Law Center Retrieved 15 August 2018 Leiter Brian 22 February 2006 Harvard Makes Offer to Mark Tushnet Blog Brian Leiter s Law School Reports Retrieved 15 August 2018 Mineo Liz 29 September 2017 Thurgood Marshall The soundtrack of their lives Five former clerks of the Supreme Court justice and civil rights champion recall the man who became an icon Harvard Law Today Magazine Retrieved 15 August 2018 Origins amp Scope of Roe v Wade Hearing Before the Committee on the Judiciary U S House of Representatives DIANE Publishing 1996 p 119 ISBN 978 0 7881 4919 1 Mangin Don Higgins Tucker 4 June 2018 Here s what 12 experts say about whether President Trump can pardon himself CNBC Retrieved 15 August 2018 Lemieux Scott 10 May 2018 Democrats Prepare to Pack the Supreme Court The New Republic Retrieved 15 August 2018 Miller Brian 2 July 2018 The Jurisprudence of Doubt Forbes Retrieved 15 August 2018 Whitley David 23 May 2018 Commentary NFL did fans and players a favor with anthem rule Orlando Sentinel Retrieved 15 August 2018 Blake Aaron 27 January 2018 Could lying about trying to fire Mueller put Trump in even more hot water Washington Post Retrieved 15 August 2018 Illing Sean 11 May 2017 This Harvard law professor thinks Trump really could be impeached over Comey Vox Retrieved 15 August 2018 Adler Jonathan H 19 May 2016 Most cited law faculty 2010 2014 Washington Post Volokh Conspiracy Blog Retrieved 15 August 2018 The Dilemmas of Liberal Constitutionalism 42 Ohio State Law Journal 411 424 1981 Chariton Herald Patriot Archives Sep 11 1969 p 3 11 September 1969 a b Oppenheimer Mark 4 June 2010 A Gay Catholic Voice Against Same Sex Marriage New York Times James C Neil Alexander 1915 2006 Find A Find a Grave Stohr Greg 14 November 2017 Free Speech Is Starting to Dominate the U S Supreme Court s Agenda Bloomberg Retrieved 15 August 2018 Paulson Michael Alter Alexandra 23 March 2018 We Asked 7 Lawyers to Untangle the Broadway Fight Over To Kill a Mockingbird New York Times Retrieved 15 August 2018 Gay and Catholic An Interview with Author Eve Tushnet America Magazine 3 July 2014 Retrieved 21 March 2015 External links EditHarvard Law School faculty page for Professor Tushnet Georgetown profile of Professor Tushnet Appearances on C SPAN Retrieved from https en wikipedia org w index php title Mark Tushnet amp oldid 1127018256, wikipedia, wiki, book, books, library,

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