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1 Feb 2017, 11:50 am by Richard Primus
  But it was a case of what Mark Tushnet calls “constitutional hardball,” indeed hardball pushed to an extreme level—a level at which the game itself may fall apart. [read post]
27 Jan 2017, 12:04 pm by Rebecca Tushnet
  Macro: it is more attractive on the whole even if I’m not going to purchase disparagingly marked products. [read post]
20 Jan 2017, 9:30 pm by Dan Ernst
Update: A fun fact from Mark Tushnet: "For more than 125 years, the Senate has not confirmed a Supreme Court nominee chosen by a president who lost the popular vote. [read post]
20 Jan 2017, 8:46 am by Sandy Levinson
  Vermeule’s colleague Mark Tushnet famously criticized the tendency of lawyers to think that they can master astrophysics (and all other disciplines) in a weekend of study. [read post]
19 Jan 2017, 10:17 am by Andrew Mark Bennett
Mark Graber has argued, “Whether government officials restrict liberty, history suggests, depends more on ethnic stereotypes and contestable beliefs about the value of civil liberties than on clear threats presented by the exercise of a particular right during a particular war. [read post]
19 Jan 2017, 8:08 am by Rebecca Tushnet
Rebecca Tushnet, Georgetown University (representing Law Professors on amicus brief)TM is a right to suppress speech. [read post]
17 Jan 2017, 4:19 pm by Dan Rodriguez
Having insisted, with Mark Tushnet, that the AALS is a trade ass'n advocating vigorously on behalf of its member schools, Paul (and Orin, too) rightly insist that the organization can and should function as a learned society, this for the benefit of the hard-working law profs whose skills, energies, and commitments are essential to our collective mission. [read post]
16 Jan 2017, 6:10 pm by Dan Ernst
  HLS's Mark Tushnet has a post on conservatives and civil liberties over at Balkinization. [read post]
11 Jan 2017, 6:45 am by Paul Horwitz
I'm grateful to those who read and commented on my series of posts on the AALS annual meeting, especially but not limited to Mark Tushnet and Dan Rodriguez, who are both past presidents of the AALS. [read post]
5 Jan 2017, 6:22 am by Paul Horwitz
I should add as a side note that readers may be interested in this post by Mark Tushnet at Balkinization discussing whether the AALS is a learned society or something else--specifically, something more like the trade organization for law schools that I pushed against in my first post. [read post]
23 Dec 2016, 1:24 pm by Ron Coleman
“LV claims that dilution law allows it to prevent the creation of unauthorized new associations with its mark, which is to say, to prevent consumers from forming new opinions and beliefs even in the absence of deception,” the brief said. [read post]
23 Dec 2016, 8:11 am by Nelson Tebbe
Richard Schragger, Micah Schwartzman, and Nelson TebbeWe are less sanguine than Mark Tushnet that the "culture wars" are over and progressives have won, as we argue in a recent piece in Vox. [read post]
21 Dec 2016, 5:04 pm by Tom Smith
Fortunately, of course, Trump won and Commissar Tushnet will not be running reeducation camps anytime soon. [read post]
21 Dec 2016, 3:06 pm by Steve Bainbridge
Fortunately, of course, Trump won and Commissar Tushnet will not be running reeducation camps anytime soon. [read post]
21 Dec 2016, 7:29 am by Paul Horwitz
I figured it would not take long, between the election itself and Randy Barnett's slightly parodic (I think) recent counter-post, for Mark Tushnet to revisit his notorious Balkinization post on "abandoning defensive crouch liberal constitutionalism. [read post]
19 Dec 2016, 9:32 am by Dennis Crouch
Read the: Cato Brief. = = = = = On ScotusBlog, Prof Tushnet expands on her recent N.D. [read post]
19 Dec 2016, 7:53 am by Rebecca Tushnet
Rebecca Tushnet is Professor of Law at Georgetown Law. [read post]
18 Dec 2016, 10:32 pm by Lisa Ouellette
Briefs by IP profs Chris Buccafusco and Jeanne Fromer and by Mark McKenna, Mark Lemley, Chris Sprigman, and Rebecca Tushnet were discussed during the argument. [read post]
15 Dec 2016, 10:40 am by Steve Bainbridge
Randy Barnett in the WaPo: Back on May 6th on Balkinization, Harvard law professor Mark Tushnet had some advice for “liberals” entitled: Abandoning Defensive Crouch Liberal Constitutionalism. [read post]