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10 Oct 2024, 6:31 pm
 Pix Credit here I am delighted to circulate a rough discussion draft I have prepared in anticipation of its first presentation at a conference organized by the remarkable Martin Belov, Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. [read post]
4 Oct 2024, 7:22 am by Dennis Crouch
Professor Rebecca Tushnet is a leading commentator on Dastar and its progeny. [read post]
1 Oct 2024, 9:30 pm by ernst
Mark Tushnet, author of The Constitution of the United States of America: A Contextual AnalysisAndrew T. [read post]
30 Sep 2024, 6:30 am by JB
Mark Tushnet, Constitutional Collaboration and Constitutional Showdowns4. [read post]
28 Sep 2024, 6:30 am by Guest Blogger
  Conflict and Collaboration; showdown and slowdown Professor Mark Tushnet provides an illuminating analysis of the relationship between conflict and collaboration in The Collaborative Constitution. [read post]
27 Sep 2024, 7:30 am by Guest Blogger
  The resulting picture is one of diverse institutions interacting, counteracting, and collaborating in a common project of governance in mutually respectful and mutually responsive ways.I am indebted to Professors Erin Delaney, Stephen Gardbaum, Lawrence Solum and Mark Tushnet for their insightful reflections on The Collaborative Constitution. [read post]
26 Sep 2024, 6:30 am by Guest Blogger
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
13 Sep 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023).Mark Tushnet            Aileen Kavanagh offers an extremely important alternative to the common way of organizing our thinking about constitutional review around the dichotomy “judicial” and “political” constitutionalism. [read post]
12 Sep 2024, 8:00 am by JB
We have assembled a terrific group of commentators, including Erin Delaney (UCL/Northwestern), Stephen Gardbaum (UCLA), Lawrence Solum (Virginia), and Mark Tushnet (Harvard).At the conclusion, Aileen will respond to the commentators. [read post]
26 Aug 2024, 4:30 am by Lawrence Solum
Mark Tushnet (Harvard Law School) has posted Court Reform for Progressives: A Primer on Constitutional Considerations on SSRN. [read post]
8 Aug 2024, 11:11 am by Rebecca Tushnet
Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. [read post]
8 Aug 2024, 6:30 am by JB
Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020).August 16, 2020Balkinization Symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).June 24, 2020Balkinization Symposium on Linda McClain's new book, Who's the Bigot? [read post]
6 Jul 2024, 3:22 pm by Ilya Somin
[Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.] [read post]
5 Jul 2024, 10:50 am by Lawrence Solum
The brilliant, provocative, and always interesting Mark Tushnet has a post entitled "Textualism and Linguistic Drift. [read post]
4 Jul 2024, 1:06 pm by Randy E. Barnett
[My seminar picks for 2024 (and every year since 2005).] [read post]
1 Jul 2024, 4:05 am by Howard Friedman
Elenis, (Notre Dame Law Review, Forthcoming).Mark V. [read post]
28 Jun 2024, 9:30 pm by Karen Tani
  Mark Tushnet thinks some more about originalism (after stopping trying to make sense of originalism) (X). [read post]
27 Jun 2024, 9:40 am by Eric Goldman
Other commentators have provided excellent summaries of the Supreme Court’s holding in Elster, including trademark experts Ted Davis and Ryan Kurtiak, Laura Heymann, Rebecca Tushnet, and John Welch; constitutional law professors Josh Blackman, Mike Ramsey, and Eugene Volokh; and news reporters Kyle Jahner and Aruni Soni. [read post]
17 Apr 2024, 9:07 am by Dennis Crouch
The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. [read post]