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Maurer School of Law: Indiana University

U.S. Supreme Court decisions

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Utopian Thinking For Progressive Constitutionalists, Mark Tushnet Jan 2018

Utopian Thinking For Progressive Constitutionalists, Mark Tushnet

Indiana Law Journal

The opening pages of Rousseau’s Social Contract have two striking phrases. The more celebrated is, “[m]an was born free, and everywhere he is in chains.” That, though, is preceded by this: “I want to inquire whether, taking men as they are and laws as they can be made to be, it is possible to establish some just and reliable rule of administration in civil affairs.” I take this second sentence as my guide: Taking the textual Constitution as it is and with the interpreted Constitution as it could be, can there be a constitutionalism that progressives could wholeheartedly endorse?

I …


The United States Supreme Court: 1948-49, John P. Frank Jan 1949

The United States Supreme Court: 1948-49, John P. Frank

Articles by Maurer Faculty

No abstract provided.


The United States Supreme Court: 1947-48, John P. Frank Jan 1948

The United States Supreme Court: 1947-48, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank Jan 1948

Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Book Review. The Business Of The Supreme Court By F. Frankfurter And J. M. Landis, Fowler V. Harper Jan 1928

Book Review. The Business Of The Supreme Court By F. Frankfurter And J. M. Landis, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.