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Say what you will about sports metaphors in legal writing, but Professor Mark Tushnet’s “constitutional hardball” descriptor has proven remarkably useful in capturing one of the most vexing political dynamics of our time: the political parties’ resort to “claims and practice…that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with…the ‘go without saying’ assumptions that underpin working systems of constitutional government.”
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Constitutional Law | Courts | Judges | Legal Ethics and Professional Responsibility
Pearlstein, Deborah, "Asymmetric Normalcy" (2019). Online Publications. 49.
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