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10 Jun 2016, 7:35 am by Rebecca Tushnet
Introduction:  Mark Lemley: All the circuits that have ruled on the issue have said eBay applies to TM, so that we are to apply the four part test for injunctions preliminary and permanent. [read post]
7 Jun 2016, 11:04 am by Rick Garnett
[Note: Professor John Inazu has written the following response to Professor Mark Tushnet's three posts about John's new book, Confident Pluralism: Surviving and Thriving Through Deep Difference] Confident Pluralism, Expressive Association, and “Tone” Mark Tushnet has a series of posts on Balkinization commenting on my new book, Confident Pluralism: Surviving and Thriving Through Deep Difference. [read post]
28 May 2016, 8:25 am
This attitude was crisply displayed by lawprof Mark Tushnet in a blog post that got a lot of attention a few weeks ago:The culture wars are over; they lost, we won... [read post]
21 May 2016, 1:01 am by rhapsodyinbooks
As law professor Mark Tushnet wrote in 2007 (Out of Range, Oxford University Press), the new dispute over the Second Amendment can be understood as part of the “culture wars” now dividing the country. [read post]
20 May 2016, 12:25 pm by Rebecca Tushnet
Session 3 – Defamation and SpeechDiscussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey Silbey: Alvarez and a theory of deception as speech. [read post]
19 May 2016, 5:12 am by Jonathan H. Adler
(Yale), Mark Tushnet (Harvard), Akhil Amar (Yale), Bruce Ackerman (Yale) and Lawrence Lessig (Harvard). [read post]
17 May 2016, 11:43 am by Bill Otis
Mark Tushnet) of how dreadful a Clinton-appointed Supreme Court would be.I am unhappy to report that that's not the principal reason Sec. [read post]
17 May 2016, 9:18 am by Bill Otis
 She's a child of the Sixties, has moved even further to the left to hold off Bernie Sanders, and has embraced the toxic Black Lives Matter movement.Lest there be any doubt about what to expect from a Hillary-appointed Court, Mark Tushnet, a liberal Harvard Law professor, pulls back the curtain in this revealing piece. [read post]
13 May 2016, 9:30 pm by Dan Ernst
Supreme Court, with Jeffrey Rosen, Clyde Spillenger, Melvin Urofsky, Mark Tushnet and Tomiko Brown-Nagin. [read post]
12 May 2016, 10:46 am by Rick Garnett
Like Paul, I read with interest -- and, in my own case, I was both provoked and taken aback by -- Mark Tushnet's recent post at Balkinization on "abandoning defensive crouch liberal constitutionalism. [read post]
11 May 2016, 8:40 am by Media Law Prof
Mark Tushnet, Harvard Law School, has published The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law. [read post]
10 May 2016, 11:09 am
Writes Mark Tushnet, in part of a 6-point plan for "abandoning defensive-crouch liberalism" (energized, prematurely, by the 4-4 balance on the Supreme Court):The culture wars are over; they lost, we won. [read post]
7 May 2016, 8:30 am by Paul Horwitz
Although I found it horrifying, I also immensely enjoyed Mark Tushnet's post yesterday recommending that "liberals" abandon "defensive crouch liberal constitutionalism. [read post]
6 May 2016, 3:30 am by Lisa Larrimore Ouellette
Rebecca Tushnet has explained that Abercrombie “lacks empirical foundation” and is out of step with basic marketing knowledge, such as that an ostensibly fanciful mark like VIAGRA is already imbued with “suggestions of virility, viability, and Niagara Falls (a classic sexual image). [read post]
1 May 2016, 9:05 pm by Walter Olson
How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins] Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber] “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef,… [read post]
30 Apr 2016, 2:00 pm by Rebecca Tushnet
§2(a) allows denial of registration for disparaging marks. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer      Information LibertarianismPresenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech. [read post]
7 Apr 2016, 4:50 am by Rebecca Tushnet
Copyright Registration and the CompendiumRobert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. [read post]
1 Apr 2016, 3:29 am
Trademark Cases"Professor Rebecca Tushnet Says the CAFC's Reasoning in In re Tam Was WrongRecommended Reading: Marc J. [read post]