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Mark Graber
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University System of Maryland Regents Professor
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University of Maryland Francis King Carey School of Law
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Constitutional Law
Political Science
Legal History
Civil Rights
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Constitutional Law
(47)
Article
Belling the Partisan Cats: Preliminary Thoughts on Identifying and Mending ...
Faculty Scholarship (2014)
Mark A. Graber
This paper sharpens debates over whether the Constitution of the United States and the American constitutional order are presently dysfunctional, ...
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Unpublished Paper
Constructing Constitutional Politics: the Reconstruction Strategy for Protecting Rights
Faculty Scholarship (2013)
Mark A. Graber
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Book
A New Introduction to American Constitutionalism
Book Gallery (2013)
Mark A Graber
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the ...
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Article
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, and the Direction ...
Faculty Scholarship (2013)
Mark A Graber
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with ...
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Article
The Declaration of Independence as Canon Fodder
Faculty Scholarship (2013)
Mark A. Graber
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Book
American Constitutionalism: volume II: Rights & Liberties
Book Gallery (2012)
Howard Gillman, Mark A. Graber and Keith E. Whittington
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, ...
Book
American Constitutionalism: volume I: Structures of Government
Book Gallery (2012)
Howard Gillman, Mark A. Graber and Keith E. Whittington
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, ...
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Article
Subtraction by Addition?: The Thirteenth and Fourteenth Amendments
Faculty Scholarship (2012)
Mark A. Graber
The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment ...
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Article
Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context
Faculty Scholarship (2011)
Mark A. Graber
Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. ...
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Article
Constitutional Democracy, Human Dignity, and Entrenched Evil
Faculty Scholarship (2011)
Mark A. Graber
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional ...
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Article
Plus or Minus One: The Thirteenth and Fourteenth Amendments
Faculty Scholarship (2011)
Mark A. Graber
The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new ...
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Article
A Tale Told by a President
Faculty Scholarship (2010)
Mark A. Graber
Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to ...
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Article
Foreword: Our Paradoxical Religion Clauses
Faculty Scholarship (2009)
Mark A. Graber
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Article
Running Cars, Constitutions and Metaphors into the Ground
Faculty Scholarship (2009)
Mark A. Graber
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on ...
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Book
Encyclopedia of the Supreme Court of the United States
Faculty Scholarship (2008)
David S. Tanenhaus, Kay P. Kindred, Felice Batlan, Alfred L. Brophy, et al.
This 5-volume set focuses on the substance of American law, the processes that produce its legal principles, and the history ...
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Article
Matters of Judgment: The "Forum of Principle" Revisited
JD Alumni Magazine (2008)
Mark A Graber
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Contribution to Book
The Countermajoritarian Difficulty: From Courts to Congress to Constitutional Order
Faculty Scholarship (2008)
Mark A. Graber
This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. ...
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Article
The Price of Fame: Brown as Celebrity
Faculty Scholarship (2008)
Mark A. Graber
This essay examines the history of Brown I, Brown II, and Bolling in the Supreme Court of the United States. ...
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Article
"No Better Than They Deserve:" Dred Scott and Constitutional Democracy
Faculty Scholarship (2007)
Mark A. Graber
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Article
False Modesty: Felix Frankfurter and the Tradition of Judicial Restraint
Faculty Scholarship (2007)
Mark A. Graber
Professor Jeffrey Rosen is the leading champion of judicial modesty among legal academics and public philosophers. Throughout his career, Professor ...
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Article
Foreword: Making Sense of an Eighteenth-Century Constitution in a Twenty-First-Century ...
Faculty Scholarship (2007)
Mark A. Graber
The Maryland Constitutional Law Schmooze, "An Eighteenth-Century Constitution in a Twenty-First-Century World" explores the interpretive and political challenges inherent in ...
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Contribution to Book
Looking off the Ball: Constitutional Law and American Politics
Faculty Scholarship (2007)
Mark A. Graber
“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as ...
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Other
Constitutional Theory Goes to Market
Schmooze 'tickets' (2006)
Mark A. Graber
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Article
Does it Really Matter? Conservative Courts in a Conservative Era
Faculty Scholarship (2006)
Mark A. Graber
This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. ...
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Book
Dred Scott and the Problem of Constitutional Evil
Book Gallery (2006)
Mark A. Graber
Dred Scott and the Problem of Constitutional Evil concerns what is entailed by pledging allegiance to a constitutional text and ...
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