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The NAACP's Legal Strategy Against Segregated Education, 1925-1950
  • Language: en
  • Pages: 244

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

Mark Tushnet presents the story of the NAACP's legal campaign against segregated schools as a case study in public interest law, which in fact began in the United States with that very campaign.

Out of Range
  • Language: en
  • Pages: 178

Out of Range

  • Categories: Law

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 of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing th...

Slave Law in the American South
  • Language: en
  • Pages: 444

Slave Law in the American South

  • Categories: Law
  • Type: Book
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  • Published: 2003
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  • Publisher: Unknown

Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.

Weak Courts, Strong Rights
  • Language: en
  • Pages: 288

Weak Courts, Strong Rights

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 power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, a...

Red, White, and Blue
  • Language: en
  • Pages: 350

Red, White, and Blue

  • Categories: Law
  • Type: Book
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  • Published: 1988
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  • Publisher: Unknown

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Making Constitutional Law
  • Language: en
  • Pages: 257

Making Constitutional Law

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 first Afro-American Justice. The first book on Justice Thurgood Marshall's years on the Supreme Court based on a comprehensive review of the Supreme Court papers of Justices Marshall and William J. Brennan, this work describes Marshall's special approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It also describes the Supreme Court's operations during Marshall's tenure, the relations among the justices, and the particular roles played by Chief Justice Warren Burger, Justice Brennan, and Justice Antonin Scalia. The book locates the Supreme Court's actions from 1967 to 1991 in a broader historical and political context, explaining how Marshall's liberalism became increasingly isolated on a Court influenced by nation's drift in a more conservative direction.

Making Civil Rights Law
  • Language: en
  • Pages: 412

Making Civil Rights Law

  • Categories: Law

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 chrono...

Free Speech Beyond Words
  • Language: en
  • Pages: 269

Free Speech Beyond Words

  • Categories: Law
  • Type: Book
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  • Published: 2020-02-15
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  • Publisher: NYU Press

A look at First Amendment coverage of music, non-representational art, and nonsense The 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 “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities an...

I Dissent
  • Language: en
  • Pages: 260

I Dissent

  • Categories: Law
  • Type: Book
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  • Published: 2008-06-01
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  • Publisher: Beacon Press

For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncemen...

The New Fourth Branch
  • Language: en
  • Pages: 197

The New Fourth Branch

  • Categories: Law

Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.