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8 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Silvia SuteuTushnet and Bugaric offer a welcome reassessment of our understanding of populism in a constitutional key. [read post]
7 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Tarun Khaitan The central claim that Professors Mark Tushnet and Bojan Bugaric make in their provocative new book ‘Power to the People’ is that populism is only contingently in conflict with constitutionalism. [read post]
6 Mar 2022, 6:30 am by Mark Graber
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). [read post]
4 Mar 2022, 9:18 am by Eric Goldman
Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g., Rebecca Tushnet, Jennifer Rothman, and John Welch, so this blog post will focus on the implications of the decision rather than provide a detailed summary of it. [read post]
4 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Martin Loughlin One of the most remarkable features of contemporary legal scholarship has been the rapid growth of comparative studies of constitutional law. [read post]
3 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Rosalind Dixon In their important new book, Power to the People: Constitutionalism in the Age of Populism, Mark Tushnet and Bojan Bugaric offer a powerful defence of movements for popular constitutional and political change.[1]For every Donald Trump, Tushnet and Bugaric suggest,… [read post]
3 Mar 2022, 6:00 am by JB
This week at Balkinization we are hosting a symposium on Mark Tushnet and Bojan Bugaric's new book Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Richard Bellamy (University College London), Colm O'Cinneide (University College London), Rosalind Dixon (Univ. [read post]
22 Feb 2022, 7:02 am by Eric Segall
On my Supreme Myths Podcast last week, I asked Professor Mark Tushnet that question. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the Lanham… [read post]
18 Feb 2022, 9:30 pm by ernst
Mark Tushnet, author of the Holmes Devise history of the Hughes Court discusses it and other topics on the Supreme Myths podcast. [read post]
14 Feb 2022, 2:00 am by mes286
University of Houston Law Center –Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School, presents today as part of the Spring External Speaker Series. [read post]
4 Feb 2022, 12:42 pm by Lincoln Caplan
Fiercely and pointedly, as the constitutional scholar Mark Tushnet explained in 2016, Roberts and Breyer were “contending over history. [read post]
31 Jan 2022, 9:31 am by ernst
Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School. [read post]
30 Jan 2022, 10:30 am by Guest Blogger
That an era of crisis can affect the substance of legal thought has long been evident in works like Edward Corwin’s World War II era classic Total War and the Constitution, and Mark Tushnet’s post-9/11 edited volume The Constitution in Wartime. [read post]
25 Jan 2022, 2:55 pm by Eugene Volokh
So far, we've published articles by (among others) Jack Balkin (Yale), Mark Lemley (Stanford), Christopher Yoo (Penn), and more. [read post]
8 Dec 2021, 5:21 am
  At the same time it is a reminder that constitutional systems, however incompatible, share a core characteristic--the institution of legitimacy framing principles and rules, of conceptual and policy taboos--that mark the difference between systems for the unimpeded exercise of discretion, from those that are bounded (strictly at least in theory) by the normative and rule constraints that reflect their fundamental character (discussed in From Constitution to Constitutionalism). [read post]
3 Dec 2021, 9:30 pm by ernst
Katz Prize for Excellence in Public Humanities a January 2022 kickoff event featuring a conversation with former ASLH president Stan Katz.The Heyburn Initiative strengthens the University of Kentucky Libraries’ mission to archive and digitize “collections from federal judges, justices, and other leaders related to the judiciary with connections to Kentucky" (UKnow).ICYMI:  Mark Tushnet's pet peeves about legal scholarship include originalism. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
 Scholars like John McGinnis, Melissa Murray, and Mark Tushnet have wondered (without endorsement) if the Court might claim to do that by applying Casey's rule against "undue burdens" on abortion. [read post]
28 Nov 2021, 6:49 am by Steve Shiffrin
On Facebook, Mark Tushnet helpfully reports that Jamie Raskin's tenure article at American University was about this issue. [read post]