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9 Jun 2014, 10:00 am by Dan Ernst
Legal process theory yielded to new theories, including rights protection (John Hart Ely and Owen Fiss), Critical Legal Studies (Duncan Kennedy and Mark Tushnet), and law and economics (Richard Posner and Guido Calabresi). [read post]
8 Jun 2014, 2:01 pm
In his post about Bond, Mark Tushnet writes: [T]his isn’t Justice Thomas’s problem but James Madison’s [but] Justice Thomas quotes Madison to the effect that treaty cannot “dismember the empire. [read post]
4 Jun 2014, 9:30 pm by Dan Ernst
  Walter Gellhorn described it in an introduction to a law-review symposium in 1940, and Mark Tushnet’s studies of Crowell v. [read post]
20 May 2014, 9:30 pm by Dan Ernst
" --Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School"The conventional narrative of the origins of administrative agencies and administrative law in early twentieth-century America has emphasized similarities between American and Western European agencies of the state and has associated the emergence of agencies with the triumph of collectivist ideologies of governance in the United States. [read post]
15 May 2014, 11:08 pm
Issues of recent years have featured contributions by prominent scholars such as Martti Koskenniemi, Lech Garlicki, David Kretzmer, Kenneth Watkin, Yuval Shany and Mark Tushnet. [read post]
15 May 2014, 6:16 am by Amy Howe
 And at ACSblog, Mark Tushnet looks at “the struggle for historical memory” after the Court’s decision in Brown, particularly in the Court’s 2007 decision in Parents Involved in Community Schools v. [read post]
8 May 2014, 1:36 pm by Dan Filler
This letter resulted in  discomfort ranging from disquiet to outrage: Josh Blackmun, Rebecca Tushnet, and of course James Grimmelman. [read post]
22 Apr 2014, 7:06 am by Dan Ernst
At 5:30 today Boston College’s Clough Center for the Study of Constitutional Democracy is sponsoring an author-meets-readers session on In the Balance: Law and Politics on the Roberts Court, by Mark Tushnet, Harvard Law School. [read post]
16 Apr 2014, 9:06 am by Eric Goldman
Chris Newman is a former Kozinski clerk and co-author, so I suspect Kozinski will consider this brief with extra interest. 21 other law professors signed this brief, including many friends such as Rebecca Tushnet and Mark Lemley. [read post]
15 Apr 2014, 6:59 am by Erin Branigan
Edward Elgar Publishing has recently published Advanced Introduction To Comparative Constitutional Law by Mark Tushnet.Description Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of the world’s leading scholars. [read post]
4 Apr 2014, 12:03 pm by Rebecca Tushnet
  This is preclusion, or as Mark McKenna has called it, channeling. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
Fortunately, identifying the Lanham Act’s zone of interests is easy, because of the “unusual, and extraordinarily helpful,” detailed statement of the statute’s purposes in §1127: The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to… [read post]
20 Mar 2014, 9:30 pm by Dan Ernst
  It's "The History of US Administrative Law," and it will be taught by Mark Tushnet, the William Nelson Cromwell Professor of Law at Harvard Law School, the author of, among many other books, Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
  Advertising: the advertiser can make the mark more/different. [read post]
28 Feb 2014, 6:32 am by Paul Horwitz
.), who not incidentally was the first African-American federal district court judge in the state; Judge Robert Sack of the Second Circuit; and Professors Sonja West (Georgia), Mark Tushnet (Harvard), RonNell Andersen Jones (BYU), David Anderson (Texas), and Christopher Schmidt (Chicago-Kent). [read post]
25 Feb 2014, 5:13 pm
Prominent liberal scholars such as Harvard’s Mark Tushnet (see also here) have come to recognize that he is a serious and sophisticated thinker on many constitutional law issues. [read post]
21 Feb 2014, 4:00 am by Alice Woolley
There are positions about violating the law that it is not “professionally respectable to assert” (Milan Markovic, “Advising Clients After Critical Legal Studies and the Torture Memos” (2011-12) 114 W Va L Rev 109 at 152, citing Mark Tushnet). [read post]
17 Feb 2014, 7:26 am by Rebecca Tushnet
  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]
17 Feb 2014, 4:36 am by Rebecca Tushnet
Harvard Law Review Symposium 2014: Freedom of the PressIntroduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. [read post]