Background
Tushnet, Mark Victor was born on November 18, 1945 in Newark, New Jersey, United States. Son of Leonard and Fannie (Brandchaft) Tushnet.
(The first paperback edition of a classic of American cons...)
The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing “grand theories” of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible? Professor Tushnet’s new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United.
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( The Description for this book, The American Law of Slav...)
The Description for this book, The American Law of Slavery, 1810-1860: Considerations of Humanity and Interest, will be forthcoming.
http://www.amazon.com/gp/product/0691101043/?tag=2022091-20
(Popular debate about constitutional issues such as aborti...)
Popular debate about constitutional issues such as abortion, affirmative action, the death penalty, and free speech, has become increasingly polarized, with a persistent and growing tendency to treat constitutional questions such as these as if they were easy and the answers obvious. In Remnants of Belief: Contemporary Constitutional Issues, Seidman and Tushnet investigate this phenomenon, tracing its beginning to the transformation of American government that accompanied the New Deal revolution over a half century ago. In their investigation, the authors examine the debates on issues such as free speech, criminal procedure, discrimination, and capital punishment, and the views of prominent figures in the field such as Robert Bork, Laurence Tribe, and Cass Sunstein. The book explores popular constitutional argument and suggests some common reasons why all sides of modern constitutional debate are unsatisfactory. It explores the reasons why constitutional argument has ceased to serve its primary function: to bridge the gaps between citizens by appealing to the principles that unite them.
http://www.amazon.com/gp/product/019509980X/?tag=2022091-20
(Following on Making Civil Rights Law, which covered Thurg...)
Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was the first African-American Justice. Based on thorough research in the Supreme Court papers of Justice Marshall and others, this book describes Marshall's approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It locates the Supreme Court from 1967 to 1991 in a broader socio-political context, showing how the nation's drift toward conservatism affected the Court's debates and decisions.
http://www.amazon.com/gp/product/0195093143/?tag=2022091-20
( Buy a new version of this Connected Casebook and recei...)
Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. A unique multidisciplinary approach characterizes the leading Constitutional Law. A variety of critical and social perspectives draw on political theory, philosophy, sociology, ethics, history, and economics to give a contemporary look at constitutional law within its traditional doctrinal structure. A mixture of lightly and more heavily edited cases allows close analysis while providing a broad array of important opinions and pivotal cases. Extensive material summarizes the state of the law and its development. Constitutional Law¿ideal for two-semester courses¿follows a logical two-part organization, beginning with the balance of powers among the Supreme Court and local, state, and federal governments and moving to the rights and powers of individuals. The excellent coverage of First Amendment law is clear and concise, and a distinct annual supplement separates First Amendment materials from the rest for ease of research. The Seventh Edition presents new material on originalism and the right to bear arms; incorporation and the Second Amendment; and Libya and the War Powers Resolution. Full, analytic treatment of the Supreme Court's decisions in the Affordable Care Act is presented. Coverage of the preemption doctrine is expanded. A new discussion of the Religion Clauses' treatment considers church autonomy in light of Hosanna-Tabor. The text on freedom of expression has been revised to incorporate new cases such as Citizens United v. Federal Election Commission (on campaign finance regulation), Snyder v. Phelps (on intentional infliction of emotional distress), Brown v. Entertainment Merchants’ Ass’n (on violent video games), FCC v. Fox Television Stations (on expletives in broadcasting), and United States v. Alvarez (on criminal liability for lying about receiving medals of honor.) New material on privacy and the Internet brings the Seventh Edition completely up to date. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
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(From the 1930s to the early 1960s civil rights law was ma...)
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
http://www.amazon.com/gp/product/0195084128/?tag=2022091-20
Tushnet, Mark Victor was born on November 18, 1945 in Newark, New Jersey, United States. Son of Leonard and Fannie (Brandchaft) Tushnet.
Bachelor magna cum laude, Harvard University, 1967; Juris Doctor, Master of Arts in History, Yale University, 1971.
Law clerk, Judge George Edwards, Detroit, 1971-1972; law clerk, Justice Thurgood Marshall, Washington, 1972-1973; professor, University of Wisconsin Law School, 1973-1981; professor, Georgetown University Law Center, Washington, since 1981; associate dean research and scholarship, Georgetown University Law Center, Washington, 1992-1996; Carmack Waterhouse professor constitutional law, Georgetown University Law Center, Washington, since 1996. Visiting professor University Texas, 1977-1978, University of Southern California, 1989, University of Chicago, 1994.
(Popular debate about constitutional issues such as aborti...)
( Buy a new version of this Connected Casebook and recei...)
(Following on Making Civil Rights Law, which covered Thurg...)
( The Description for this book, The American Law of Slav...)
(From the 1930s to the early 1960s civil rights law was ma...)
(The first paperback edition of a classic of American cons...)
Married Elizabeth Alexander, August 23, 1969. Children: Rebecca, Laura.