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.

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

Email the Show: Podcast@ACSLaw.org