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Mark Tushnet

Mark Tushnet is an emeritus professor at Harvard Law School. His most recent book is Taking Back the Constitution: Activist Judges and the Next Age of American Law.


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

Better procedures are unlikely to solve the problems of racial politics.

Mark Tushnet

Forum Responses

Past progressive legal traditions offer valuable lessons, but reformers must also look to the future.
Mark Tushnet
Owen Fiss’s proposal doesn’t go far enough. He assumes that a policy founded on creating legal barriers to entry is just. But the long-term goal of immigration policy should be open borders...
Mark Tushnet
I focus on Eugene Rivers’ recommendation of a black nationalist political program. The “integrationist project,” he writes, is “impractical.” Is the black nationalist program of “concentrating the scarce resources of time, money,...
Mark Tushnet

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