Tushnet, Mark2015-01-211992Mark Tushnet, Symposium: Brown v. Board of Education and Its Legacy: A Tribute to Justice Thurgood Marshall, Public Law Litigation and the Ambiguties of Brown, 61 Fordham L. Rev. 23 (1992).0015-704Xhttp://nrs.harvard.edu/urn-3:HUL.InstRepos:13751193Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.en-USJournal Article