Mark Tushnet, Author at Harvard Law Review

Tocqueville’s Nightmare: Institutional and Intellectual

Response to The Struggle for Administrative Legitimacy

Vol. 129 No. 3 January 2016 Professor Jeremy Kessler’s insightful review of Professor Daniel Ernst’s wonderful book on administrative law through the 1940s, Tocqueville’s Nightmare, raises several important questions about...

Mark Tushnet

In Tribute Tribute

Essays in Honor of Justice Stephen G. Breyer

Introduction by Martha Minow

Vol. 128 No. 1 November 2014

First Amendment: Speech Article

Introduction: Reflections on the First Amendment and the Information Economy

The causes and effects of bias in First Amendment scholarship

Vol. 127 No. 8 June 2014

Mark Tushnet

In Tribute Tribute

Essays in Honor of Justice Ruth Bader Ginsburg

Introduction by Martha Minow

Vol. 127 No. 1 November 2013

Constitutional Law Response

“I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication

Responding to Dan M. Kahan, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, 125 Harv. L. Rev. 1 (2011)

Response to Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law

Vol. 125 No. 1 November 2011

Mark Tushnet

Tocqueville’s Nightmare: Institutional and Intellectual

Essays in Honor of Justice Stephen G. Breyer

Introduction: Reflections on the First Amendment and the Information Economy

Essays in Honor of Justice Ruth Bader Ginsburg

“I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication

“I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication