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Line 1: {{Short description\|American constitutional law scholar (born 1945)}} {{Infobox ~~person~~academic▼ {{Use dmy dates\|date=January 2020}}▼ \| name = Mark Tushnet▼ ▲{{Infobox person \| caption = Tushnet in 2018 ▲\|name = Mark Tushnet \|~~occupation~~ title = William Nelson Cromwell Professor of Law Emeritus▼ \|image = 1 mark tushnet smu 2018.jpg▼ \| education = [[Harvard College\|Harvard University]] ([[Bachelor of Arts\|BA]])<br/>[[Yale University]] ([[Master of Arts\|MA]], [[Juris Doctor\|JD]]) ~~\|caption = Tushnet speaking at [[SMU School of Law\|Singapore Management University]] in 2018~~ ▲\| image = 1 mark tushnet smu 2018 (cropped).jpg ~~\|other_names =~~ ~~\|known_for = Expert on Constitutional law~~ \| birth_date = {{birth date and age\|df=yes\|1945\|11\|18}} \| workplaces = [[University of Wisconsin–Madison]]<br />[[Georgetown University Law Center\|Georgetown University]]<br />[[Harvard Law School\|Harvard University]] \| birth_place = [[Newark, New Jersey]], U.S. \| birth_name = Mark Victor Tushnet ▲\|occupation = William Nelson Cromwell Professor of Law \| discipline = [[Constitutional law of the United States\|Constitutional law]] ~~\|employer = [[Harvard Law School]]~~ \| influences = [[Thurgood Marshall]] ~~\|alma_mater = [[Harvard University]] (BA)<br/>[[Yale Graduate School]] (MA)<BR/>[[Yale Law School]] (JD)~~ ~~\|nationality = [[United States]]~~ }} ▲{{Use dmy dates\|date=January 2020}} '''Mark Victor Tushnet''' (born 18 November 1945)<ref>date & year of birth according to LCNAF [[Cataloging in Publication\|CIP]] data</ref> specializes in [[constitutional law]] and theory, including comparative constitutional law, and is currently the [[William Nelson Cromwell]] [[Professor]] of [[Legal education\|Law]] at [[Harvard Law School]].<ref>{{Cite web\|url=https://hls.harvard.edu/faculty/directory/10906/Tushnet\|title = Mark Tushnet \| Harvard Law School}}</ref> Tushnet is identified with the [[critical legal studies]] movement.{{citation needed\|date=February 2020}}▼ ▲'''Mark Victor Tushnet''' (born 18 November 1945)<ref>date & year of birth according to LCNAF [[Cataloging in Publication\|CIP]] data</ref> 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 ~~[[Legal education\|~~Law]] at [[Harvard Law School]].<ref>{{Cite web\|url=https://hls.harvard.edu/faculty/directory/10906/Tushnet\|title = Mark Tushnet \| Harvard Law School}}</ref> Tushnet is identified with the [[critical legal studies]] movement.<ref>{{~~citation~~Cite journal \|last=Gregory \|first=David L. ~~needed~~\|date=~~February~~1987 \|title=A Guide to Critical Legal Studies \|url=https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3015&context=dlj \|journal=Duke Law Journal \|pages=1138–1150\|doi=10.2307/1372599 \|jstor=1372599 ~~2020~~}}</ref> 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."<ref name="auto2">Mark Tushnet. ''Taking the Constitution Away From the Courts'' (Princeton University Press 1999), pp. 1–11.</ref> In 2020, ~~Tushnet~~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.<ref name="auto">''Taking Back the Constitution: Activist Judges and the Next Age of American Law'', Yale U. Press, 2020.</ref> ==Career== In 1967, Tushnet received his [[Bachelor of Arts\|A.B.A.]] from [[Harvard College]].<ref>{{cite news \|last1=Karr \|first1=Mia C. \|title=Law Professor Included on Conservative Nonprofit's 'Watchlist' \|url=https://www.thecrimson.com/article/2016/11/28/law-prof-conservative-watchlist/ \|access-date=15 August 2018 \|work=Harvard Crimson \|date=28 November 2016}}</ref><ref>{{cite news \|last1=Pazzanes \|first1=Christina \|title=Are there holes in the Constitution? \|url=https://today.law.harvard.edu/are-there-holes-in-the-constitution/ \|access-date=15 August 2018 \|work=Harvard Law Today Magazine \|date=27 July 2018}}</ref> He later received an [[Master of Arts\|M.A.]] in history from [[Yale University]] and his [[Juris Doctor\|J.D.]] from the [[Yale Law School]]. Tushnet has been a faculty member at the [[University of Wisconsin–Madison]], ~~and~~while he taught for many years at the [[Georgetown University Law Center]] and has given lectures at [[Duke University]].<ref>{{cite web \| url=https://law.duke.edu/video/currie-lecture-2010-mark-tushnet-more-half-loaf-administrative-law-1930s/ \| title=Currie Lecture 2010 \| Mark Tushnet, More Than Half a Loaf: Administrative Law in the 1930s \| Duke University School of Law }}</ref><ref>{{cite journal \|title=Faculty Notes \|journal=The Gargoyle-Alumni Magazine of the University of Wisconsin Law School \|date=Autumn 1977 \|volume=9 \|issue=1 \|page=4 \|url=https://issuu.com/wisclaw/docs/gargoyle_09_1\|access-date=15 August 2018}}</ref><ref>{{cite web \|title=Faculty Bio-Mark Tushnet \|url=https://www.law.georgetown.edu/faculty/mark-tushnet/ \|publisher=Georgetown Law Center \|access-date=15 August 2018}}</ref><ref>{{cite web \|last1=Leiter\|first1=Brian\|title=Harvard Makes Offer to Mark Tushnet \|url=http://leiterlawschool.typepad.com/leiter/2006/02/harvard_makes_o.html \|publisher=Blog: Brian Leiter's Law School Reports \|date=22 February 2006\|access-date=15 August 2018}}</ref> Tushnet served as a [[Law clerk of the Supreme Court of the United States\|law clerk]] to Justice [[Thurgood Marshall]] of the [[United States Supreme Court]] between 1972 and 1973.<ref>{{cite news \|last1=Mineo \|first1=Liz \|title=Thurgood Marshall: The soundtrack of their lives Five former clerks of the Supreme Court justice and civil rights champion recall the man who became an icon \|url=https://today.law.harvard.edu/thurgood-marshall-soundtrack-lives/ \|access-date=15 August 2018 \|work=Harvard Law Today Magazine \|date=29 September 2017}}</ref> 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.<ref>{{cite book\|title=Origins & Scope of Roe v. Wade: Hearing Before the Committee on the Judiciary, U.S. House of Representatives\|year=1996\|publisher=DIANE Publishing\|url=https://books.google.com/books?id=dsasGpcjy-gC&pg=PA119\|page=119\|isbn=978-0-7881-4919-1}}</ref> More recently, he commented on the power of the president to pardon himself, composition of the Court, and the retirement of Justice [[Anthony Kennedy]].<ref>{{cite news \|last1=Mangin \|first1=Don \|last2=Higgins \|first2=Tucker \|title=Here's what 12 experts say about whether President Trump can pardon himself \|url=https://www.cnbc.com/2018/06/04/here-is-what-9-experts-say-about-whether-president-trump-can-pardon-himself.html \|access-date=15 August 2018 \|work=CNBC \|date=4 June 2018}}</ref><ref>{{cite magazine \|last1=Lemieux \|first1=Scott \|title=Democrats: Prepare to Pack the Supreme Court \|url=https://newrepublic.com/article/148358/democrats-prepare-pack-supreme-court \|access-date=15 August 2018 \|magazine=The New Republic \|date=10 May 2018}}</ref><ref>{{cite news \|last1=Miller \|first1=Brian \|title=The Jurisprudence of Doubt \|url=https://www.forbes.com/sites/briankmiller/2018/07/02/the-jurisprudence-of-doubt/#5e7dab7c58fa \|access-date=15 August 2018 \|work=Forbes \|date=2 July 2018}}</ref> 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.<ref>{{cite news \|last1=Whitley \|first1=David \|title=Commentary: NFL did fans and players a favor with anthem rule \|url=http://www.orlandosentinel.com/opinion/audience/david-whitley/os-ae-nfl-anthem-david-whitley-0523-story.html \|access-date=15 August 2018 \|work=Orlando Sentinel \|date=23 May 2018}}</ref><ref>{{cite news \|last1=Blake \|first1=Aaron \|title=Could lying about trying to fire Mueller put Trump in even more hot water? \|url=https://www.washingtonpost.com/news/the-fix/wp/2018/01/27/could-lying-about-attempting-to-fire-mueller-put-trump-in-even-more-hot-water/?noredirect=on \|access-date=15 August 2018 \|newspaper=Washington Post \|date=27 January 2018}}</ref><ref>{{cite news \|last1=Illing \|first1=Sean \|title=This Harvard law professor thinks Trump really could be impeached over Comey \|url=https://www.vox.com/2017/5/11/15622466/donald-trump-james-comey-impeachment-fbi-russia-congress \|access-date=15 August 2018 \|work=Vox \|date=11 May 2017}}</ref> In 2016, Tushnet was listed among the ten most frequently cited law professors.<ref>{{cite news \|last1=Adler \|first1=Jonathan H. \|title=Most-cited law faculty, 2010–2014 \|url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/05/19/most-cited-law-faculty-2010-2014/ \|access-date=15 August 2018 \|newspaper=Washington Post \|agency=Volokh Conspiracy Blog \|date=19 May 2016}}</ref> 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".<ref name="auto1">"The Dilemmas of Liberal Constitutionalism," 42 ''[[Ohio State Law Journal]]'' 411, 424 (1981).</ref> 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."<ref name="auto2"/> 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.<ref name="auto"/> ==Personal life== Tushnet is Jewish., ~~His~~and he married his wife, Elizabeth Alexander at a Methodist Church.<ref>{{cite web \| url=https://newspaperarchive.com/chariton-herald-patriot-sep-11-1969-p-3/ \| title=Chariton Herald Patriot Archives, Sep 11, 1969, p. 3 \| date=11 September 1969 }}</ref> She is currently a [[Unitarianism\|Unitarian]],<ref name=nytimes/> and formerly directed the National Prison Project of the [[American Civil Liberties Union]]. ~~She~~but now works in private practice. Their daughter [[Rebecca Tushnet]] is also a professor of law at [[Harvard Law School]].<ref>{{cite news \|last1=Stohr \|first1=Greg \|title=Free Speech Is Starting to Dominate the U.S. Supreme Court's Agenda \|url=https://www.bloomberg.com/news/articles/2017-11-14/listen-to-this-free-speech-dominates-at-u-s-supreme-court \|access-date=15 August 2018 \|work=Bloomberg \|date=14 November 2017}}</ref><ref>{{cite news \|last1=Paulson \|first1=Michael \|last2=Alter \|first2=Alexandra \|title=We Asked 7 Lawyers to Untangle the Broadway Fight Over 'To Kill a Mockingbird' \|url=https://www.nytimes.com/2018/03/23/theater/harper-lee-aaron-sorkin-broadway.html \|access-date=15 August 2018 \|work=New York Times \|date=23 March 2018}}</ref> Their other daughter [[Eve Tushnet\|Eve]] is a ~~celibate~~ lesbian [[Catholic ~~Church\|Roman Catholic]]~~ author and blogger.<ref>{{cite web\|url=http://americamagazine.org/content/all-things/gay-and-catholic-interview-author-eve-tushnet \|title='Gay and Catholic': An Interview with Author Eve Tushnet \|date=3 July 2014 \|publisher=America Magazine \|access-date=21 March 2015}}</ref><ref name=nytimes>{{cite news\|last=Oppenheimer\|first=Mark\|title=A Gay Catholic Voice Against Same-Sex Marriage\|url=https://www.nytimes.com/2010/06/05/us/05beliefs.html?_r=1\|newspaper=New York Times\|date=4 June 2010}}</ref> ==Bibliography== Line 69 ⟶ 70: ==External links== * [~~http~~https://~~www.law~~hls.harvard.edu/faculty/directory/~~facdir.php?id=534~~10906/Tushnet Harvard Law School faculty page for Professor Tushnet] * [https://web.archive.org/web/20060315011118/http://explore.georgetown.edu/people/tushnet/ Georgetown profile of Professor Tushnet] * {{C-SPAN\|~~Mark Tushnet~~8744}} {{Authority control}} Line 88 ⟶ 89: [[Category:University of Wisconsin Law School faculty]] [[Category:Scholars of constitutional law]] [[Category:~~Legal~~American legal historians]] [[Category:People from Maplewood, New Jersey]] [[Category:21st-century American Jews]] [[Category:Yale Graduate School of Arts and Sciences alumni]]