As President Joe Biden approached his 100th day in office, Harvard Law Today asked faculty members and researchers from across Harvard Law School to weigh in on the new administration’s agenda, actions, accomplishments, and failures to date.
Harvard Law Professor Emeritus Mark Tushnet says Biden’s Supreme Court commission relieves ‘pressure on the administration from the progressive wing,’ and advises the new administration to increase the number of federal judges.
Can President Donald J. Trump pardon himself before his term ends in January? This hotly debated legal question was given new urgency by the president’s recent decision to pardon Michael T. Flynn, his first national security adviser who twice pleaded guilty to lying to the F.B.I. about his contacts with Russia.
HLS faculty and legal scholars consider the legal concerns and challenges that have emerged as the United States prepares for the 2020 presidential election and its aftereffects.
Mark Tushnet discussed with Harvard Law Today the possibilities for, and potential pitfalls of, any effort by an incoming Democratic majority to pack the Supreme Court.
Mark Tushnet is the rare scholar who has been able to connect disparate fields and ways of thinking about law and constitutional government as few other scholars have been willing or able to do.
Retiring Professors Robert Clark, Mary Ann Glendon Laurence Tribe and Mark Tushnet are celebrated by former students.
Tushnet advocates for a new constitutional order that would move away from “judicial supremacy” and instead focus on empowering ordinary people to shape Americans’ understanding of the meaning of the Constitution.
On January 22, the Supreme Court heard arguments in Espinoza v. Montana Department of Revenue, a case that may dramatically impact the ability of states to provide public funding to private, religiously-affiliated schools. In advance of the arguments, Harvard Law Today sat down with Professor Mark Tushnet to preview the case.
On the 200th anniversary of McCulloch v. Maryland, HLS Professor Mark Tushnet reflects on the 1819 case that paved the way for the modern administrative state and established the supremacy of federal over state law.