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Red, White, and Blue

A Critical Analysis of Constitutional Law

by Mark V. Tushnet ...

Series series Constitutional Thinking
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 ... Read more

$27.39 USD

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
... Read more
The NAACP's Legal Strategy against Segregated Education, 1925-1950

by Mark V. Tushnet ...

The NAACP’s fight against segregated education — the first public interest litigation campaign — culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and the political and legal skills ... Read more

$23.79 USD

The NAACP’s fight against segregated education — the first public interest litigation campaign — culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and the political and legal skills
... Read more
The Hughes Court: Volume 11

From Progressivism to Pluralism, 1930 to 1941

by Mark V. Tushnet ...

Series series Oliver Wendell Holmes Devise History of the Supreme Court of the United States
The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and ... Read more

$49.19 USD

The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and
... Read more
Out of Range

Why the Constitution Can't End the Battle over Guns

by Mark V. Tushnet ...

Series series Inalienable Rights
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one ... Read more

$22.79 USD

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one
... Read more
Free Speech Beyond Words

The Surprising Reach of the First Amendment

by Mark V. Tushnet, Alan K. Chen, Joseph Blocher ...

A look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting ... Read more

$17.09 USD

A look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting
... Read more
Comparative Constitutional Law

by Mark Tushnet, Vicki C. Jackson, Rosalind Dixon, Madhav Khosla ...

Designed for use in law school courses, Comparative Constitutional Law introduces fundamental debates on the nature of constitutions, constitutional comparison, and the relationships between constitutions and constitutionalism in its various forms. The book explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and ... Read more

$134.99 USD

Designed for use in law school courses, Comparative Constitutional Law introduces fundamental debates on the nature of constitutions, constitutional comparison, and the relationships between constitutions and constitutionalism in its various forms. The book explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and
... Read more
Who Am I to Judge?

Judicial Craft versus Constitutional Theory

by Mark Tushnet ...

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court’s ... Read more

$28.69 USD

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court’s
... Read more
Taking Back the Constitution

Activist Judges and the Next Age of American Law

by Mark Tushnet ...

How the Supreme Court's move to the right has distorted both logic and the ConstitutionWhat Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case ... Read more

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Also available as: Audiobook

How the Supreme Court's move to the right has distorted both logic and the ConstitutionWhat Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case
... Read more

Also available as: Audiobook
The Political Question Doctrine and the Supreme Court of the United States

by David Gray Adler, Pierre Avril, Rachel E. Barkow, Jesse Choper, Erwin Chemerinsky, Louis Fisher, John W. Fox, Richard L. Hasen, Nancy Kassop, Nathaniel Persily, Jonathan R. Siegel, Mark Tushnet ...

The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new "War on Terrorism" initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ... Read more

$47.79 USD

The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new "War on Terrorism" initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many
... Read more
Audiobook

Taking Back the Constitution

Activist Judges and the Next Age of American Law

by Mark Tushnet ...

Narrated by Peter Lerman ...

Unabridged

9 hours 54 min

How the Supreme Court's move to the right has distorted both logic and the ConstitutionThe Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways ... Read more

$25.99 USD

Also available as: eBook

How the Supreme Court's move to the right has distorted both logic and the ConstitutionThe Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways
... Read more

Also available as: eBook
Power to the People

Constitutionalism in the Age of Populism

by Mark Tushnet, Bojan Bugaric ...

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that ... Read more

$27.89 USD

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that
... Read more
Weak Courts, Strong Rights

Judicial Review and Social Welfare Rights in Comparative Constitutional Law

by Mark Tushnet ...

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the ... Read more

$28.09 USD

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the
... Read more

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Red, White, and Blue

The NAACP's Legal Strategy against Segregated Education, 1925-1950

The Hughes Court: Volume 11

Out of Range

Free Speech Beyond Words

Comparative Constitutional Law

Who Am I to Judge?

Taking Back the Constitution

The Political Question Doctrine and the Supreme Court of the United States

Taking Back the Constitution

Power to the People

Weak Courts, Strong Rights

eReaders

Apps

Accessories

Shopping Cart

You're getting the VIP treatment!

Your Shopping Cart is empty

Available:

1 audiobook monthly

+ FREE 30-day trial

Available:

1 audiobook monthly

+ FREE 30-day trial

Recommended For You

Top Series in United States

The Library of Black America series

Oxford Handbooks

The International Library of Essays on Rights

Constitutional Systems of the World

Constitutional Conflicts

Elgar Advanced Introductions series

Comparative Constitutional Law and Policy

Elgar Monographs in Constitutional and Administrative Law

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