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29 Jan 2021, 3:24 pm
As a result, one should expect continued violations of constitutional norms by American politicians to accomplish partisan goals—what Mark Tushnet has called “constitutional hardball”—at least until the electoral impact of demographic changes in the electorate exceeds the electoral impact of the rural favoritism that is built into the nation’s constitutional electoral processes. [read post]
2 Nov 2012, 6:46 am
As an opposite-party president in a conservative Republican regime, his position is quite different from Romney's, who, whether he likes it or not, is affiliated with Reaganism and faces pressures to hew to party orthodoxy.Over the last several years here at Balkinization, Gerard Magliocca, Mark Tushnet and I have debated how best to characterize Obama's presidency. [read post]
4 Feb 2020, 9:30 pm
”—Mark Tushnet“This is a sensitive analysis of the moral imagination behind the Indian Constitution, a document intended to free the democratic process from sectarian identities and to strengthen centralized state power. [read post]
30 Jan 2022, 10:30 am
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]
17 Jan 2020, 9:30 pm
” The announced speakers are Vincent Brown, Annette Gordon-Reed, Jane Kamensky, Jill Lepore, David Moss, and Mark Tushnet. [read post]
2 Mar 2015, 4:00 am
Will Sweetman and Aditya Malik (Sage Publications, 2015)).Magomet Yandiev, Absence of Interbank Loan Market and Banking Short-Term Liquidity Management Mechanisms: The Most Pressing Problems of the Islamic Finance Model, (February 15, 2015).From SmartCILP:Neville Cox, Blasphemy, Holocaust Denial and the Control of Profoundly Unacceptable Speech, [Abstract], 62 American Journal of Comparative Law 739-774 (2014).Marvin Lim, Just War and the Roman Catholic Life Ethic, 26 Florida Journal of… [read post]
21 Oct 2008, 4:01 am
Registration of a mark with the USPTO is prima facie evidence of the mark’s validity and of the plaintiff’s exclusive right to use the mark as defined by its registration. [read post]
9 Sep 2010, 6:34 am
If so, that would be support for what Mark Tushnet has called the "chastening" of constitutional law.In the second part of the book, Breyer moves to the present and addresses the structure in which constitutional and statutory interpretation should take place. [read post]
22 Jul 2019, 8:27 am
An earlier post on this blog by Mark Tushnet explained that Justice Gorsuch’s dissent in Gundy v. [read post]
14 Sep 2019, 6:00 am
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
12 Sep 2018, 4:56 pm
On the other side, find Rebecca Tushnet, What’s the Harm of Trademark Infringement? [read post]
2 Feb 2011, 2:16 pm
See this draft posted on SSRN.... [read post]
30 Nov 2010, 9:16 am
Transcript: “Good afternoon. [read post]
17 Feb 2014, 7:26 am
Trademark dilution is another doctrine that allows trademark owners to control emotional meaning: dilution prevents commercial actors from interfering with the singular meaning of a mark even if no one is ever mistaken about any fact at all. [read post]
6 Nov 2013, 3:17 pm
Several regular B'zation contributors will be speaking, including Sandy Levinson, Mark Graber, Joey Fishkin, Linda McClain, Mark Tushnet, Ken Kersch, and myself:America’s Political Dysfunction: Constitutional Connections, Causes, and Cures Friday, November 15 & Saturday, November 16, 2013In recent years and especially in recent months, many have despaired over America’s political dysfunction. [read post]
The problematics of impeachment (I): The specific problems of Charles Black's take on the presidency
29 Jan 2020, 12:52 pm
Like Mark Tushnet (I think), I'm really skeptical. [read post]
22 Apr 2022, 6:30 am
Mark Tushnet is William Nelson Cromwell Professor of Law emeritus, Harvard Law School. [read post]
2 Mar 2016, 5:11 am
That means we can never charge for anything featuring their marks or intellectual property and we will never sell the movie, DVD/Blu-ray copies, T-shirts, or anything which uses CBS owned marks or intellectual property. [read post]
26 Sep 2022, 9:30 pm
Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.Endorsements by Linda Greenhouse, Sanford Levinson, Brad Snyder, Mark Tushnet, Barry Cushman, and G. [read post]
23 Mar 2016, 2:35 pm
Rev. 505 (2010) 10 70 Tushnet, Rebecca Worth a Thousand Words: The Images of Copyright [article] 125 Harv. [read post]
