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16 Jan 2015, 11:52 am by Adam Steinman
Now available on the Courts Law section of JOTWELL is an essay by Mark Tushnet discussing The Federal Courts Junior Scholars Workshop. [read post]
14 Jan 2015, 6:31 am by Howard Wasserman
The new essay on JOTWELL's Courts Law is a guest piece from Mark Tushnet (Harvard) on the Federal Courts Junior Scholars Workshop. [read post]
9 Jan 2015, 1:05 pm by Sandy Levinson
  So this means that no judge is "compelled" to decide X or non-X; instead, the judge has to engage in what Mark Tushnet has accurately labeled "judgment," which presumably includes what, overall, is best for the overall polity. [read post]
9 Jan 2015, 3:30 am by Mark Tushnet
Mark Tushnet This is an unusual entry for JOTWELL, because it presents an event rather than a published work of scholarship. [read post]
6 Jan 2015, 6:46 pm by Bridget Crawford
Johnson Eric_E_Johnson North Dakota Jackie Jones jackiejones27 UWE Bristol Jeffrey Kahn KahnTax Florida State Anil Kalhan kalhan Drexel Daniel Martin Katz computational Michigan State Ariel Katz relkatz Toronto Jeff Kirchmeier JLKirchmeier CUNY Renee Knake reneeknake Michigan State Mike Koehler fcpaprofessor Southern Illinois Lynne Kohm LynneMarieKohm Regent Eugene Kontorovich EVKontorovich Northwestern Russell Korobkin russellkorobkin UCLA Kim Krawiec KimKrawiec Duke Susan Landrum SusanLandrum1… [read post]
9 Dec 2014, 8:06 am by Ron Coleman
First, good old Rebecca Tushnet, who can always be counted on to have an opinion, and to say it: When I read the SG’s brief advocating for preclusion as an ordinary result, I was concerned that there was limited understanding of what a registration/opposition proceeding actually is compared to an infringement case. [read post]
8 Nov 2014, 3:30 am by Michael Froomkin
Sat Nov 8 9:00-9:30Breakfast 9:30 – 10:45 Counterpoint: James Chen, Modeling Law Review Impact Factors as an Exponential Distribution Patrick Woods, Stop Counting (Or At Least Count Better) 11- 11:45 Benjamin Keele, Improving Digital Publishing of Legal Scholarship [via remote participation] 12-12:45Mark Tushnet, The Federal Courts Junior Scholars Workshop (originally submitted as a contribution to Jotwell). 12:45-2:00 LUNCH 2:15- 3:00 Frank Pasquale, Symbiotic Law & Social… [read post]
5 Nov 2014, 8:07 am by JB
  As Mark Tushnet suggests, however, there is a slight chance that the issues may become relevant again.And, by the way, the 6th edition of Brest Levinson was published this past month, and is available at fine bookstores near you. [read post]
24 Oct 2014, 8:30 am by Dan Ernst
Mark Tushnet, Mark Graber, and Sanford Levinson. [read post]
21 Sep 2014, 9:30 pm by Dan Ernst
., Sept. 25, NoonMoot Court Room     Jerome Hall Lecture: "Parents Involved and the Struggle for Historical Memory"Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School. [read post]
7 Aug 2014, 12:21 pm by Rebecca Tushnet
  Dogan & Lemley, Tushnet, etc. [read post]
31 Jul 2014, 6:05 am by Amy Howe
In The New York Review of Books, David Cole reviews three recent books on the Roberts Court – Uncertain Justice (by Laurence Tribe and former SCOTUSblog contributor Joshua Matz), In the Balance (by Mark Tushnet), and Scalia (by Bruce Murphy) – and concludes that “what most defines the Roberts Court may be its hostility to courts themselves. [read post]
27 Jul 2014, 12:30 am by Emily Prifogle
" It takes a look at Lawrence Tribe and Josua Matz's Uncertain Justice: The Roberts Court and the Constitution (Henry Holt), Mark Tushnet's In the Balance: Law and Politics on the Roberts Court (Norton), and Bruce Allen Murphy's Scalia: A Court of One (Simon & Schuster).Over on H-Net there is a review of Harry Truman and the Struggle for Racial Justice by Robert Shogan (University Press of Kansas). [read post]
11 Jul 2014, 9:11 am
 There's a Patent Prosecution Highway User Seminar coming up soon, on Tuesday, 22 July from 9:30 to 16:30, thanks to the German Patent and Trade Mark Office Munich. [read post]
7 Jul 2014, 10:14 am by JB
Excellent ideas all around, and it's great that prominent opinion columnists like Dionne are beginning to make use of and popularize what liberal academics have been working at for the last couple of decades.In his short op-ed Dionne cites to B'zation blogger Joey Fishkin's piece with Willie Forbath, The Anti-Oligarchy Constitution, as well as linking to David Strauss's book, The Living Constitution and  Michael Dorf's review of David's book and my Living… [read post]
30 Jun 2014, 3:11 am by Amy Howe
At Balkinization, Mark Tushnet suggests that “this Term a number of Justices have become (more) willing to take on Justice Scalia’s sharp rhetoric,” and he wonders whether “this reflects something new in the Court’s internal” dynamics. [read post]
27 Jun 2014, 7:51 am by Thomas Hopson
Briefly: Mark Shultz of the American Enterprise Institute argues that the Court’s decision earlier this week in American Broadcasting Cos. v. [read post]
18 Jun 2014, 8:41 pm by John Steele
Excerpt: In much the same realist mindset, Professor Mark Tushnet flagged the practical and constitutional significance of the public interest-litigant aspect of Button.... [read post]
14 Jun 2014, 6:15 am by Paul Horwitz
On the former possibility, one might enjoy this short take from Mark Tushnet, along with his acknowledgment that his... [read post]