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19 Dec 2016, 9:32 am by Dennis Crouch
Read the: Cato Brief. = = = = = On ScotusBlog, Prof Tushnet expands on her recent N.D. [read post]
7 Feb 2007, 11:29 am
The full abstract is: This article is part of a symposium, guest edited by Mark Tushnet, reviewing key decisions from the Supreme Court's October 2005 term. [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]
4 Jun 2007, 7:41 pm
Harvard Law Professor Mark Tushnet writes that The Lost Promise of Civil Rights "offers readers a brilliant reconceptualization of civil rights litigation. [read post]
7 Nov 2008, 4:24 pm
From a blurb on the back cover by Professor Mark Tushnet (Harvard Law School): "A provocative meditation on the ways the metaphors used in constitutional doctrine empower, limit, create, and recreate the public over which the written Constitution is said to assert authority. [read post]
19 Sep 2013, 1:23 pm by Ilya Somin
(Ilya Somin) Various commentators such as Garrett Epps, Mark Tushnet, and recent guest-blogger Josh Blackman argue that there is a generational divide among right of center jurists between Reaganite advocates of “judicial restraint” and younger, more libertarian figures who are less willing to defer to legislatures and more eager to strike down laws they consider unconstitutional. [read post]
1 Dec 2006, 3:51 am
There is lots of discussion, lots of food, lots of kibbitzing, and lots of fun.The Schmooze has many interesting links to this blog: It was once run by Mark Tushnet when he was at Georgetown, but is now run by Mark Graber at Maryland, and Sandy and I are regular attendees; and indeed, most members of the blog have been involved with it at one point.This year's theme is "An 18th Century Constitution in a 21st Century World. [read post]
7 Aug 2009, 9:16 am
As usual, Rebecca Tushnet is providing great live-blogging of the sessions she attends. [read post]
7 Nov 2013, 10:06 am by Amy Howe
  At ACSblog, Mark Tushnet discusses the effect that the Court’s decision in Bond could have on business interests. [read post]
1 Mar 2021, 12:01 pm by Barbara Moreno
Mark Tushnet, Taking Back the Constitution:  Activist Judges and the Next Age of American Law (2020). [read post]
5 Apr 2017, 10:23 am by Randy Barnett
Other previous guest authors are a “Who’s Who” of con law professors: Alex Aleinikoff, Akhil Amar, Robert Bennett, David Bernstein, Frank Buckley, Laura Donohue, Garrett Epps, Jim Fleming, Alison LaCroix, Dan Farber, Elizabeth Price Foley, Christopher Fritz, Michael Gerhardt, Abner Greene, Michael Greve, Steve Griffin, Stephen Gardbaum, Philip Hamburger, Thomas Healy, John Inazu, Sandy Levinson, Gerard Magliocca, Earl Maltz, John McGinnis, Clark Neily, Mike Paulsen, Jeff Powell,… [read post]
14 Nov 2008, 2:10 am
(Techdirt) American University’s Center for Social Media releases code of best practices for fair use in media literacy education (Rebecca Tushnet's 43(B)log) (Ars Technica) (creativecommons.org) Microsoft employee admits that patent disclosure is a myth (Techdirt) Microsoft and the AZURE trade mark (Saunders & Silverstein) Apple seeks to have Psystar’s antitrust counterclaims thrown out in copyright battle over Apple’s Macintosh operating… [read post]
9 Feb 2015, 9:58 am by Rebecca Tushnet
   Dogan & Lemley; David Simon; Tushnet & Keller have cataloged the scene. [read post]
31 Mar 2017, 9:08 am by Rebecca Tushnet
Jeanne Fromer & Mark McKenna, Claiming DesignCommentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and trade dress. [read post]
4 May 2017, 11:09 am by Calvin TerBeek
Finally, and this is perhaps the most remarkable point of the speech, Alito engages, without naming names, Mark Tushnet's (ironically, a prominent crit himself) Balkinization post regarding the culture wars: Here are the words of a professor from Harvard Law School, in May of last year, proclaiming, maybe prematurely, that the left had won the culture wars—the professor had the following advice. [read post]
20 Jan 2017, 8:46 am by Sandy Levinson
  Vermeule’s colleague Mark Tushnet famously criticized the tendency of lawyers to think that they can master astrophysics (and all other disciplines) in a weekend of study. [read post]
21 Jul 2015, 3:09 pm by Mark Graber
Mark Tushnet, Sandy Levinson and I are happy to announce that The Oxford Handbook of the United States Constitution is now available to order at https://global.oup.com/academic/product/the-oxford-handbook-of-the-us-constitution-9780190245757? [read post]
8 Jun 2022, 7:00 am by Guest Blogger
The word for sin, hamartia, means metaphorically (or in the case of Greek archery, literally) to miss the mark. [read post]
24 Feb 2017, 12:04 pm by Rebecca Tushnet
Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels.Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next FrontierIncontestability is a nearly unique feature of American trademark law, with a unique American implementation. [read post]
26 Jan 2007, 11:36 am
  One such set of arguments are put usefully in a paper by Mark Tushnet called In Praise of Martyrdom; but a different perspective is available in a short and remarkable paper by Frederick Mark Gedicks titled "The Integrity of Survival: A Mormon Response to Stanley Hauerwas," 42 DePaul L. [read post]