Outlaw Blues

Abstract

Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence that he can do no more than deconstruct existing constitutional jurisprudence detracts from the significant positive contributions of Red, White, and Blue. One purpose of this review is thus to rescue Tushnet from himself, and his optimism from his nihilism.