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10 Apr 2023, 9:00 pm
For example, in a posting a few years back, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: [W]hen a raucous crowd shouts down the speaker. [read post]
10 Apr 2023, 6:30 am
DRE.]Professor Ernst's Remarks: Mark Tushnet is famously prolific. [read post]
10 Apr 2023, 4:05 am
Thomas (Minnesota) Legal Studies Research Paper No. 23-01 (2023).Suryapratim Roy & Rahul Sambaraju, Hindu Zion: The Politics of Constitutional Accommodation, (Mark Tushnet and Dimitry Kochenov (eds), Research Handbook on the Politics of Constitutional Law (Edward Elgar 2023)).Reva B. [read post]
9 Apr 2023, 9:30 pm
Tushnet, the William Nelson Cromwell Professor of Law Emeritus at the Harvard Law School. [read post]
6 Apr 2023, 10:36 am
Todd Herreman, Loren Mulraine, Christopher Newman, Eric Priest, Mark F. [read post]
24 Mar 2023, 10:45 am
Rebecca Tushnet, Professor of Law, Harvard Law School A test that deems this toy confusing with Jack Daniels is a bad test. [read post]
21 Mar 2023, 7:01 am
[My seminar picks for 2023 (and every year since 2005).] [read post]
11 Mar 2023, 7:15 am
”—Mark Tushnet, Harvard Law School “This book is intentionally radical, and it makes an exciting and cutting-edge contribution in the fields of legal and political theory and history. [read post]
24 Feb 2023, 1:27 pm
Not just for likely confusion, but also use as a mark. [read post]
13 Feb 2023, 6:03 am
Mark Tushnet (Harvard Law School) & Dimitry Kochenov (CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna; Princeton University - Princeton School of Public and International Affairs) have posted Introduction (the Politics of Constitutional Law) (M. [read post]
8 Feb 2023, 6:30 am
Mark Tushnet, Does it really take a Theory to beat a Theory? [read post]
3 Feb 2023, 9:40 am
Formalism creeping back in: three examples. (1) Dilution—formalistic principle: once we put the label famous on a mark, we don’t do much to restrict the protection of that mark. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
24 Jan 2023, 9:52 am
Given the developments of 2022 and the past decade, we’re already witnessing the collapse of Web 2.0, and 2023 could officially mark the conclusion of that era. [read post]
21 Jan 2023, 6:30 am
Perhaps the least remembered passage in Mark Tushnet’s notorious May 2016 post on defensive-crouch constitutionalism was its most prescient: “Of course all bets are off if Donald Trump becomes President. [read post]
20 Jan 2023, 6:30 am
It was on this very blog that Mark Tushnet (alas, prematurely) declared victory and called for an unrestrained pursuit of left politics through constitutional law a mere matter of months before Donald Trump began his utter transformation of the courts into an instrument of reaction. [read post]
18 Jan 2023, 5:00 am
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
17 Jan 2023, 8:00 am
Jackson Women's Health Organization.The contributors include Anita Allen, Akhil Amar, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, Robin West, and myself.This book is part of a trilogy on important Supreme Court cases. [read post]
17 Jan 2023, 6:30 am
One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
