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12 Dec 2016, 1:23 pm
Alvarez, Beware: boundary crossings Mark Tushnet, Dialogue and constitutional duty Vicki C. [read post]
12 Dec 2016, 6:12 am by Randy Barnett
Back on May 6th on Balkinization, Harvard law professor Mark Tushnet had some advice for “liberals” entitled: Abandoning Defensive Crouch Liberal Constitutionalism. [read post]
8 Dec 2016, 9:30 pm by Dan Ernst
  HT reports that “the series was sponsored by Dean Martha Minow and organized by Professor Mark Tushnet, William Nelson Cromwell Professor of Law, who also designed a reading group to complement the lectures. [read post]
2 Dec 2016, 8:54 pm by lennyesq
Harvard law professor Mark Tushnet says he isn’t bothered by his inclusion on a conservative group’s new watch list of leftist professors. [read post]
25 Nov 2016, 1:23 pm by Steve Bainbridge
From First Things: The left thought they were riding a demographic wave that would render their political opponents not merely irrelevant, but helpless. [read post]
16 Nov 2016, 9:01 pm by Neil H. Buchanan
 Mark Tushnet, at that time a law professor at Georgetown, published an article in 2004 called “Constitutional Hardball,” where hardball is roughly the equivalent in my analogy of kicking down doors and pushing past people in ways that are unexpected and surprisingly difficult to stop.Even more surprisingly, Tushnet pointed out that the constitutional claims by the hardball-playing bullies are sometimes not obviously wrong. [read post]
16 Nov 2016, 3:30 am by Mark McKenna
Rebecca Tushnet, Registering Disagreement: Registration in Modern American Trademark Law, 130 Harv. [read post]
12 Nov 2016, 7:04 am by Mark Tushnet
Just for the record -- I received the following e-mail this morning, which I suppose the writer thinks is cleverly satirical:Dear MARK TUSHNET: Your report date at the EASTERN UNITED STATES Re-education Camp is: NOVEMBER 15, 2016 Bring a toothbrush. [read post]
11 Nov 2016, 12:33 pm by Steve Bainbridge
I know I'm beating a dead horse, but will @Harvard_Law's Mark Tushnet revisit his infamous punish-the-losers essay? [read post]
20 Oct 2016, 1:39 pm by Andrew Hamm
The opinion is nonetheless “the best example of what a dissent can do,” Urofsky quoted Harvard Law School professor Mark Tushnet as saying. [read post]
19 Oct 2016, 1:38 pm by Neil Siegel
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]
14 Oct 2016, 8:16 am by Rebecca Tushnet
  Choice is a legislative matter.Rebecca Tushnet, Georgetown Law: Concerns of those supporting Samsung: Now that the seal on mentioning trolls has been broken. [read post]
14 Oct 2016, 7:02 am by Tucker Chambers
Keller & Rebecca Tushnet, Even More Parodic than the Real Thing: Parody Lawsuits Revisited, 94 Trademark Rep. 979-1016 (2004). [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]
4 Oct 2016, 2:00 am by vhunt
UC Hastings College of the LawMark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, presents today. [read post]
3 Oct 2016, 3:17 am by Walter Olson
Randy Barnett and Josh Blackman: yes, the confirmation process had gone wrong, but not necessarily in the way we’re told [National Affairs] A case against judicial restraint [Ilya Shapiro, same, related Cato] “Business and the Roberts Court without Scalia” [Jonathan Adler, related on supposed “pro-business” Court] SCOTUS should (again) step in to reject Obama end-run around advice/consent on appointment power [Ilya Shapiro and Thomas Berry, Cato] The… [read post]
27 Sep 2016, 2:11 pm by Mark Tushnet
"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]
18 Sep 2016, 9:30 pm by Karen Tani
Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’'s most recent threat to secede from the United States. [read post]