Search for: "Mark Tushnet"
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8 Mar 2022, 10:30 am
Mark Lemley, Stanford Law School Prof. [read post]
3 Apr 2011, 1:35 pm
Aagaard Lecture Administrative Law in the 1930s: The Supreme Court’s Accommodation of Progressive Legal Theory Mark Tushnet Note Promoting Progress with Fair Use Joshua N. [read post]
28 Nov 2011, 12:59 pm
READ MORE “I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication Mark Tushnet :: In this response to Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, Professor Mark Tushnet raises two potential problems with Professor Dan Kahan’s argument that the Supreme Court can restore public faith in its neutrality by avoiding “motivated reasoning” and… [read post]
11 Nov 2018, 9:50 am
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
5 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
11 Nov 2022, 12:56 pm
A number of Balkinization bloggers are editors of the journal, including Mary Dudziak, Mark Graber, Sandy Levinson, Gerard Magliocca, John Mikhail, and Mark Tushnet. [read post]
17 Aug 2018, 6:27 pm
Yale University 2160 Constitutional Law, Legislation 67 7 Akhil Amar Yale University 1600 Constitutional Law 60 8 Thomas Merrill Columbia University 1595 Administrative, Constitutional, and Property Law 69 9 Mark Tushnet Harvard University 1590 Constitutional Law, Legal History 72 10 Jack M. [read post]
19 Oct 2016, 1:38 pm
As evidenced, for example, by his opinions in Hobby Lobby and Obergefell, Justice Alito empathizes with the plight of traditionalist conservatives as the world changes profoundly around them, and he seeks to preserve their ability to refuse to accept the new normal.Given the "hinge" point in American constitutional history that appears to be fast arriving, I also predict that Justice Alito's dissents on behalf of traditionalist dissenters will become more frequent and more strident in… [read post]
21 Feb 2016, 6:51 am
Tushnet’s Making Constitutional Law. [read post]
26 Aug 2013, 8:33 am
The lineup is as follows.Sept 18: Daniel Ernst, Professor of Law, Georgetown University, “Chief Justice Hughes and Administrative Law, 1930-1941”Comment: Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law SchoolSept 25: Karen Tani, Assistant Professor of Law, University of California, Berkeley Law, “The ‘Indian Problem’: Welfare, Rights, and Citizenship in the Wake of the New Deal”Comment: Lucie White, Louis A. [read post]
5 Jul 2019, 9:30 pm
Also at Balkinization, Mark Tushnet on Justice Gorsuch getting his history of the Schechter case from Amity Shlaes. [read post]
6 Oct 2016, 11:30 am
Richard Posner (by teleconference)Deanell Tacha (Pepperdine)Mark Tushnet (Harvard) Speaking slots are limited and proposals will be selected on the basis of, among other things, how well they facilitate comprehensive coverage of the questions to be examined. [read post]
18 Feb 2022, 9:30 pm
Mark Tushnet, author of the Holmes Devise history of the Hughes Court discusses it and other topics on the Supreme Myths podcast. [read post]
16 Dec 2024, 4:00 am
Roy, (October 24, 2024).Mark V. [read post]
9 Jun 2017, 9:30 pm
From the English Legal History blog: The Right to Vote, Women’s Suffrage, and Tumultuous Petitions ("a discussion of the history of voting rights in Parliamentary elections").Over at Balkinization, Mark Tushnet (Harvard Law School) urges someone to write a history of "'working the refs,' meaning the Supreme Court, by framing issues before the Court not as raising contestable legal questions on which the author is taking a side, but as presenting the… [read post]
27 Sep 2016, 2:11 pm
"From Mark Tushnet, In the Balance: Law and Politics on the Roberts Court (2013), p. xii -- "The future of the Court will be shaped not only by the nominations that President Obama and his successors will make, but by the competition between Roberts and Kagan for intellectual leadership of the Court, as each forcefully articulates differing views about the balance between law and politics. [read post]
29 Mar 2017, 2:13 pm
Richard Posner panel presentation (by videoconference) with respondents, followed by Q & A10:45 AM - Break11:00 AM - Professor Mark Tushnet panel presentation with respondents, followed by Q & A12:00 PM - Lunch with Luncheon Address by Dean Erwin Chemerinsky, followed by Q & A1:30 PM - Professor Akhil Amar panel presentation with respondents, followed by Q & A2:00 PM - Afternoon Break3:00 PM - Panel Break-Out SessionsSupreme Court Politicization - Historical… [read post]
1 Jun 2017, 8:00 am
Urofsky, Mark Tushnet, and Keith Whittington.The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. [read post]
9 Jun 2014, 10:00 am
Legal process theory yielded to new theories, including rights protection (John Hart Ely and Owen Fiss), Critical Legal Studies (Duncan Kennedy and Mark Tushnet), and law and economics (Richard Posner and Guido Calabresi). [read post]
1 Jul 2024, 4:05 am
Elenis, (Notre Dame Law Review, Forthcoming).Mark V. [read post]
