What is constitutional theory and do judges actually need one? Mark Tushnet joins Christopher Wright Durocher to discuss his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory, and how reasoned judgment can lead the way forward.

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Host: Christopher Wright Durocher, Vice President of Policy and Program

Guest: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School

Link: Who Am I to Judge? Judicial Craft Versus Constitutional Theory, by Mark Tushnet 

Link: Red, White, and Blue: A Critical Analysis of Constitutional Law, by Mark Tushnet

Link: How to Interpret the Constitution Using a "New Pragmatism," by Mark Kende

Visit the Podcast Website: Broken Law Podcast

Email the Show: [email protected]

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Broken Law: About the law, who it serves, and who it doesn’t.
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Production House: Flint Stone Media

Copyright of American Constitution Society 2025.

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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------

Production House: Flint Stone Media

Copyright of American Constitution Society 2025.