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Episode 165: Judging the Failure of Constitutional Theory
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.
Join the Progressive Legal Movement Today: ACSLaw.org
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]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
View all episodes
By American Constitution Society
4.8
9999 ratings
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.
Join the Progressive Legal Movement Today: ACSLaw.org
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]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
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