Mark Tushnet | |
---|---|
Born | Mark Victor Tushnet 18 November 1945 Newark, New Jersey, U.S. |
Title | William Nelson Cromwell Professor of Law Emeritus |
Children | |
Academic background | |
Education | Harvard University (BA) Yale University (MA, JD) |
Influences | Thurgood Marshall |
Academic work | |
Discipline | Constitutional law |
Institutions | University of Wisconsin–Madison Georgetown University Harvard University |
Mark Victor Tushnet (born 18 November 1945) [1] is an American legal scholar. He specializes in constitutional law and theory,including comparative constitutional law,and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. [2] Tushnet is identified with the critical legal studies movement. [3]
Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people." [4] In 2020,he published a book extending his previous writing about judicial overreach concerning the process of judicial review,which he originally started discussing in his 1999 book on this subject. [5]
In 1967,Tushnet received a Bachelor of Arts from Harvard College. [6] [7] He later received a Master of Arts in history from Yale University and a Juris Doctor from the Yale Law School. Tushnet has been a faculty member at the University of Wisconsin–Madison while he taught for many years at the Georgetown University Law Center and has given lectures at Duke University. [8] [9] [10] [11]
Tushnet served as a law clerk to Justice Thurgood Marshall of the United States Supreme Court between 1972 and 1973. [12] In a 1996 congressional hearing on President Bill Clinton's veto of the Partial-Birth Abortion Ban Act,Tushnet testified about his involvement in Roe v. Wade ,the 1973 case that struck down state laws prohibiting abortion. During questioning it was alleged that a memorandum written by Tushnet to Marshall had a significant influence on the outcome of the case. [13] More recently,he commented on the power of the president to pardon himself,composition of the Court,and the retirement of Justice Anthony Kennedy. [14] [15] [16] He is also widely quoted in the press as an expert on the First Amendment right to free speech and the scope of presidential powers. [17] [18] [19] In 2016,Tushnet was listed among the ten most frequently cited law professors. [20]
One of the more controversial figures in constitutional theory,he is identified with the critical legal studies movement and once stated in an article that,were he asked to decide actual cases as a judge,he would seek to reach results that would "advance the cause of socialism". [21] Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people." [4] Tushnet is,with Harvard Law Professor Vicki Jackson,the co-author of a casebook entitled Comparative Constitutional Law (Foundation Press,2d ed. 2006).
In 2020,Tushnet published a book extending his previous writing about judicial overreach concerning the process of judicial review,which he originally started discussing in his 1999 book on this subject. [5]
Tushnet is Jewish,and he married his wife Elizabeth Alexander at a Methodist Church. [22] She is currently a Unitarian [23] and formerly directed the National Prison Project of the American Civil Liberties Union but now works in private practice. Their daughter Rebecca Tushnet is also a professor of law at Harvard Law School. [24] [25] Their other daughter Eve is a lesbian Catholic author and blogger. [26] [23]
Marbury v. Madison, 5 U.S. 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
Thoroughgood "Thurgood" Marshall was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall was a prominent figure in the movement to end racial segregation in American public schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in Brown v. Board of Education, which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
William Joseph Brennan Jr. was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice in Supreme Court history, and was known for being a leader of the Court's liberal wing.
Peter H. Irons is an American political activist, civil rights attorney, legal scholar, and professor emeritus of political science. He has written many books on the U.S. Supreme Court and constitutional litigation.
Cass Robert Sunstein is an American legal scholar known for his work in constitutional law, administrative law, environmental law, and behavioral economics. He is also The New York Times best-selling author of The World According to Star Wars (2016) and Nudge (2008). He was the administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012.
The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.
John Hart Ely was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 9th dean of Stanford Law School.
Jack Greenberg was an American attorney and legal scholar. He was the Director-Counsel of the NAACP Legal Defense Fund from 1961 to 1984, succeeding Thurgood Marshall. He was involved in numerous crucial cases, including Brown v. Board of Education, which ended segregation in public schools. In all, he argued 40 civil rights cases before the U.S. Supreme Court, and won almost all of them.
Browder v. Gayle, 142 F. Supp. 707 (1956), was a landmark federal court case that ruled that segregation on public transportation was unconstitutional. The case was heard before a three-judge panel of the United States District Court for the Middle District of Alabama on the segregation of Montgomery and Alabama state buses. The panel consisted of Middle District of Alabama Judge Frank Minis Johnson, Northern District of Alabama Judge Seybourn Harris Lynne, and Fifth Circuit Court of Appeals Judge Richard Rives. The main plaintiffs in the case were Aurelia Browder, Claudette Colvin, Susie McDonald, and Mary Louise Smith. Their attorney, Fred Gray, also approached Jeanetta Reese to join the suit, but intimidation by segregationists caused her to withdraw.
Robert Allen Katzmann was a United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 1, 2013, to August 31, 2020.
Geoffrey R. Stone is an American legal scholar and noted First Amendment scholar. He is currently the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago Law School, where he served as the dean from 1987 to 1994, then provost of the University of Chicago from 1994 to 2002.
Nancy Gertner is a former United States district judge of the United States District Court for the District of Massachusetts. She assumed senior status on May 22, 2011, and retired outright from the federal bench on September 1, 2011. She is now a professor of practice at Harvard Law School.
Erwin Nathaniel Griswold was an American appellate attorney and legal scholar who argued many cases before the U.S. Supreme Court. Griswold served as Solicitor General of the United States (1967–1973) under Presidents Lyndon B. Johnson and Richard M. Nixon. He also served as the dean of Harvard Law School for 21 years. Several times he was considered for appointment to the U.S. Supreme Court. During a career that spanned more than six decades, he served as member of the U.S. Commission on Civil Rights and as president of the American Bar Foundation.
Richard H. Pildes is an American legal scholar who is the Sudler Family Professor of Constitutional Law at the New York University School of Law and a expert on constitutional law, the Supreme Court, the system of government in the United States, and legal issues concerning the structure of democracy, including election law. His scholarship focuses on public law and legal issues affecting democracy.
Louis Michael Seidman is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center in Washington, D.C.. He is a constitutional law scholar and major proponent of the critical legal studies movement. Seidman's 2012 work is On Constitutional Disobedience, where Seidman challenges the viability of political policy arguments made in reference to constitutional obligation.
Vicki C. Jackson is the Laurence H. Tribe Professor of Constitutional Law at Harvard Law School. The New York Times has described her as "an authority on state-federal questions".
Susan Low Bloch is an American professor specializing in Constitutional law and communications law at Georgetown University Law Center, who is widely quoted in the press on her interpretation of the Constitution of the United States.
George Edward White is an American legal historian, tort law scholar, and the David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law.
Thurgood Marshall was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Lyndon B. Johnson on June 13, 1967 to fill the seat being vacated by Tom C. Clark. Per the Constitution of the United States, the nomination was subject to the advice and consent of the United States Senate, which holds the determinant power to confirm or reject nominations to the U.S. Supreme Court. Marshall was confirmed by the U.S. Senate in a 69–11 vote on August 30, 1967, becoming the first African American member of the Court, and the court's first non-white justice.