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Harvard Law School

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  • Harvard Law School
Nov 16 2012
Friday 9:15 a.m. EDT    

Showcase Panel II: Separation of Powers

2012 National Lawyers Convention

Washington, DC
Speakers:
Akhil Reed Amar • David Barron • C. Boyden Gray • John O. McGinnis • Victoria Nourse • A. Raymond Randolph • Dean Reuter
Topics:
Constitution • Environmental & Energy Law • Financial Services • Separation of Powers • Supreme Court • Federalism & Separation of Powers
Sponsors:
Federalism & Separation of Powers Practice Group
  • In-Person Event
Oct 4 2012
Thursday 12:00 p.m.    

Marriage and the Common Good

Charlotte, North Carolina
Speakers:
Robert P. George
Topics:
Federalism & Separation of Powers • Religious Liberties
Sponsors:
Charlotte Lawyer Chapter
  • In-Person Event
Sep 18 2012
Tuesday 12:00 p.m.    

Supreme Court Round-Up

Birmingham, Alabama
Topics:
Federalism & Separation of Powers
Sponsors:
Birmingham Lawyer Chapter
  • In-Person Event
May 18 2012
Friday 11:30 a.m.    

Long Division: Redistricting in Pennsylvania

Topics:
Federalism & Separation of Powers
Sponsors:
Pittsburgh Lawyer Chapter
  • In-Person Event
Apr 12 2012
Thursday 12:00 a.m.    

The Patient Protection and Affordable Care Act Oral Arguments

Speakers:
Randy E. Barnett • Martha Minow
Sponsors:
Harvard Student Chapter
  • In-Person Event
Apr 11 2012
Wednesday 12:00 a.m.    

The Recess Appointments Controversy

Speakers:
David B. Rivkin • Peter M. Shane
Sponsors:
Harvard Student Chapter
  • In-Person Event
Apr 10 2012
Tuesday 12:00 p.m.    

Obamacare on Trial: Will the Supreme Court Uphold the Affordable Care Act?

Charlotte, North Carolina
Speakers:
Gregory G. Katsas
Sponsors:
Charlotte Lawyer Chapter
  • In-Person Event
Apr 5 2012
Thursday 12:00 p.m. CDT    

Citizens United and Beyond: The Role of the Super PAC in the 2012 Election Cycle

Dallas
Topics:
Free Speech
Sponsors:
Dallas Lawyer Chapter
  • In-Person Event
Apr 4 2012
Wednesday 12:00 a.m.    

The Majesty of Law

Speakers:
Neil M. Gorsuch • Harvey Mansfield • Adrian Vermuele
Sponsors:
Harvard Student Chapter
  • In-Person Event
Apr 3 2012
Tuesday 12:00 a.m.    

State of Second Amendment of Litigation

Speakers:
Alan Gura • Mark Tushnet
Topics:
Civil Rights
Sponsors:
Harvard Student Chapter
  • In-Person Event
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Speaker Information
Akhil Reed Amar

Akhil Reed Amar

Sterling Professor of Law, Yale Law School

Biography

Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for Judge (later Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. He is Yale’s only living professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service.

Amar’s work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than 50 cases — tops among scholars under age 70. According to both Fred Shapiro’s landmark 2021 study of lifetime scholarly citations and Heinonline’s most recent tabulation of lifetime law-review citations, Amar is America’s second most-cited legal scholar still under age 70. He is a member of the American Academy of Arts and Sciences and has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show The West Wing and his scholarship has been showcased on many broadcasts, including The Colbert Report, Morning Joe, AC360, Velshi, Fox News @ Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal.

He is the author of more than a hundred law review articles and several books, including The Bill of Rights (1998 — winner of the Yale University Press Governors’ Award), America’s Constitution (2005 — winner of the ABA’s Silver Gavel Award), America’s Unwritten Constitution (2012 — named one of the year’s 100 best nonfiction books by The Washington Post), and The Constitution Today (2016 — named one of the year’s top ten nonfiction books by Time magazine). The first volume of his ambitious trilogy on American constitutional history from the Founding to the present, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. The second volume, Born Equal: Remaking America’s Constitution, 1840-1920, will be published in September 2025 and is already available for pre-order. All together, his nonfiction books have won two starred reviews from Publishers Weekly and three starred reviews from Kirkus—tops, it is believed, among legal scholars under age 70. Together with Vikram David Amar (YLS ’88), he has a bi-weekly column on the Supreme Court on the distinguished website SCOTUSblog. Along with Andy Lipka, he co-hosts a popular and free weekly podcast, Amarica’s Constitution, whose listeners are eligible for CLE credit in most American jurisdictions. A wide assortment of his articles and op-eds and video links to many of his public lectures and free online courses may be found at akhilamar.com.

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Speaker Information
David Barron

David Barron

U.S. Court of Appeals, First Circuit

Biography

David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.​

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C. Boyden Gray

C. Boyden Gray

Founding Partner, Boyden Gray & Associates

Biography

Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.

Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.

Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.

Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.

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John O. McGinnis

John O. McGinnis

George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law

Biography

John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.

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Victoria Nourse

Victoria Nourse

Ralph V. Whitworth Professor in Law, Georgetown University Law Center

Biography

Professor Nourse is one of the nation’s leading scholars of Congress, the separation of powers, and statutory interpretation. In addition to her scholarship, she has practiced as an attorney in the White House, the Department of Justice, the Senate, and in private practice. The story of her pioneering work on gender equality is told in Equal: Women Reshape American Law.

Her most recent book is “The Impeachments of Donald Trump: An Introduction to Constitutional Argument” (West 2021). In 2016, Harvard Press published her Misreading Law, Misreading Democracy, on the limits of textualism. She is one of the most-cited scholars on interpretation in the country and has recently co-authored Yale’s revised leading casebook, Statutes, Regulation & Interpretation (West 2024).

Professor Nourse has published widely on the power of the President and the separation of powers, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power, 106 Calif. L. Rev. 1 (2018), and constitutional rights, In Reckless Hands (Norton 2008), the story of Skinner v. Oklahoma and American eugenics.

President Biden appointed Professor Nourse to serve as Vice-Chair of the United States Commission on Civil Rights in 2023, with her term expiring in 2029.

Professor Nourse previously served as Chief Counsel to then Vice President Biden under the Obama Administration. Prior to that role, she practiced as an appellate litigator in the Department of Justice and as Special Counsel to the Senate Judiciary Committee.

Professor Nourse has held chairs at Emory University and the University of Wisconsin. She has been a visiting professor at Yale, NYU, University of Maryland, and Northwestern.

She began her legal career in New York, clerking for legendary trial judge of the Southern District of New York, Edward Weinfeld, and practicing at Paul, Weiss, Rifkind Wharton & Garrison. She left private practice to serve as junior counsel to the Senate-Iran Contra Committee. After serving on the appellate staff of the Civil Division, she was hired as a legal expert for then Senator Joseph Biden.

Professor Nourse is the co-Founder of the Supreme Court Interpretation Lab, which uses big data to analyze trends in Supreme Court analyses. She formerly served as Executive Director of the Georgetown Law Center on Congressional Studies.

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A. Raymond Randolph

A. Raymond Randolph

Judge, United States Court of Appeals, D.C. Circuit

Biography

Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990. 

Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering.  At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad.  In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude.  Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.

After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.

Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.

After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977. 

In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.

In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990).  He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.

From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.

As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions.  In 1992 he taught a course in constitutional law.  He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law.  He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.

From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman.  He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.

Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus.  In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School.  In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society.  He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.  

Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice.  His son John Trevor Randolph is an investment banker in New York.  His daughter Cynthia Lee Randolph is an artist living in San Francisco.

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Speaker Information
Dean Reuter

Dean Reuter

Executive Vice President, The Federalist Society

Biography

Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.

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Robert P. George

Robert P. George

McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University

Biography

Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He has several times been a Visiting Professor at Harvard Law School. He has served as Chairman of the U.S. Commission on International Religious Freedom and on the U.S. Commission on Civil Rights and the President’s Council on Bioethics. He has also served as the U.S. member of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology. He was a Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. A Phi Beta Kappa graduate of Swarthmore, he holds the degrees of J.D. and M.T.S. from Harvard University and the degrees of D.Phil., B.C.L., D.C.L., and D.Litt. from Oxford University, in addition to twenty-one honorary doctorates. He is a recipient of the U.S. Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Bradley Prize, the Irving Kristol Award of the American Enterprise Institute, and Princeton University’s President’s Award for Distinguished Teaching. His books include Making Men Moral: Civil Liberties and Public Morality and In Defense of Natural Law (both published by Oxford University Press), as well as The Clash of Orthodoxies and Conscience and Its Enemies (both published by ISI Books).

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Randy E. Barnett

Randy E. Barnett

Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center

Biography

Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.

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Martha Minow

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David B. Rivkin

David B. Rivkin

Partner, Baker Hostetler LLP

Biography

David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.

David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.

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Peter M. Shane

Peter M. Shane

Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University

Biography

Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.

In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.



  • A.B., magna cum laude, Harvard
  • J.D., Yale Law School
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Gregory G. Katsas

Gregory G. Katsas

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.

Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.

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Neil M. Gorsuch

Neil M. Gorsuch

Associate Justice, Supreme Court of the United States

Biography

Neil M. Gorsuch, Associate Justice, was born in Denver, Colorado, August 29, 1967. He and his wife Louise have two daughters. He received a B.A. from Columbia University, a J.D. from Harvard Law School, and a D.Phil. from Oxford University. He served as a law clerk to Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit, and as a law clerk to Justice Byron White and Justice Anthony M. Kennedy of the Supreme Court of the United States. From 1995–2005, he was in private practice, and from 2005–2006 he was Principal Deputy Associate Attorney General at the U.S. Department of Justice. He was appointed to the United States Court of Appeals for the Tenth Circuit in 2006. He served on the Standing Committee on Rules for Practice and Procedure of the U.S. Judicial Conference, and as chairman of the Advisory Committee on Rules of Appellate Procedure. He taught at the University of Colorado Law School. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on April 10, 2017.

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Harvey Mansfield

Biography


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Adrian Vermuele

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Alan Gura

Alan Gura

Vice President for Litigation, Institute for Free Speech

Biography

Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.

Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.

Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.

Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.

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Mark Tushnet

Mark Tushnet

William Nelson Cromwell Professor of Law, Harvard Law School

Biography

Professor Tushnet, who graduated from Harvard College and Yale Law School and served as a law clerk to Justice Thurgood Marshall, specializes in constitutional law and theory, including comparative constitutional law. His research includes studies examining (skeptically) the practice of judicial review in the United States and around the world. He also writes in the area of legal and particularly constitutional history, with works on the development of civil rights law in the United States and (currently) a long-term project on the history of the Supreme Court in the 1930s. This fall he is organizing a conference on American constitutional development and another that features a conversation among several current and former judges on the world's constitutional courts.



  • Harvard College B.A. 1967
  • Yale University M.A. 1971, History
  • Yale Law School J.D. 1971
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