Does Judicial Engagement Empower Progressives? Answering.
Through an analysis of the challenges facing the “new working class,” this Essay argues that in order to advance their clients’ interests, progressive lawyers must redefine public interest law such that it centers on a commitment to developing left political power.
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As Mark Tushnet has argued, drafters and contemporaneous interpreters of the Reconstruction Amendments similarly categorized rights along these lines, but the content within each category has.
The essay explores Marshall’s understanding of the rule of law, bringing in the example of Marshall’s confrontation with Kenya’s first president, Jomo Kenyatta, in 1963, and the tension between Marshall’s embrace of Kenya’s new leaders, with whom he worked on Kenya’s independence constitution, and his concern about their failure to protect the rights of Kenya’s Asian minority.
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Several generations of law students and their teachers grew up with federal courts dominated by conservatives. Not surprisingly, they found themselves wandering in the wilderness, looking for any sign of hope. The result: Defensive-crouch constitutionalism, with every liberal position asserted nervously.
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This is ironic, given Massey's suggestion elsewhere in his piece that liberalism's “talk of rights” ought perhaps to be recast in order to take into account “a social as well as an individual dimension” (p. 826)—an insight that he credits to Mary Ann Glendon but which sounds an awful lot like the critique of rights rhetoric that scholars associated with CIS were already making nearly.
Intellectual Property and General Legal Principles: Is IP a Lex Specialis? - edited by Graeme B. Dinwoodie - May 2015 (ATRIP Intellectual Property series) Stay safe and healthy. Please wash your hands and practise social distancing.
Civil Rights and Social Rights: The Future of the Reconstruction Amendments Mark Tushnet This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons at Loyola Marymount University and Loyola Law School.
Mark Victor Tushnet (born November 18, 1945) is a leading scholar of constitutional law and legal history, and currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is one of the more controversial figures in constitutional theory at Harvard University and he is ident.
RESEARCH AND THE JUSTICE MISSION OF LAW SCHOOLS MARK TUSHNET1 There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum.
