Broken Law

Episode 165: Judging the Failure of Constitutional Theory

American Constitution Society Episode 165

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: Podcast@ACSLaw.org

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.

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

Production House: Flint Stone Media

Copyright of American Constitution Society 2025.

People on this episode