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Mark Tushnet

Mark Tushnet is an emeritus professor at Harvard Law School and the author of Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press, 2020).

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Constitutional crisis won’t be fixed by a few isolated reforms. We need to rethink the Constitution from the ground up.

Mark Tushnet

Owen Fiss’s proposal does not go far enough.

Mark Tushnet

Past progressive legal traditions offer valuable lessons, but reformers must also look to the future.

Mark Tushnet