Search for: "Mark Tushnet"
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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]
31 Mar 2019, 9:24 am
As Mark Tushnet's astute post points out, Joan Biskupic's recent biography of Chief Justice John Roberts does not actually establish that the Chief Justice changed his mind on any constitutional question in the case, let alone that he moved from doing "law" to doing "politics. [read post]
4 Feb 2015, 7:00 am
Both opinions are included in the excellent collection, I Dissent, edited by Mark Tushnet (KF8742 .I35 2008).The 14th Amendment was passed by Congress in 1866 and ratified by the states in 1868. [read post]
9 Jan 2015, 1:05 pm
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]
10 Jan 2014, 10:57 am
As many friends, most notably Sandy Levinson and Mark Tushnet have pointed out, the way in which constitutions structure politics at particular times often has more influence on who gets what from government than constitutional law. [read post]
26 Jun 2015, 6:31 am
May I propose the following amendment to Mark Tushnet's accurate commentary on Justice Scalia. [read post]
13 Jun 2016, 1:29 pm
Mark Tushnet has offered a melancholy posting about the survival of constitutionalism in the US should Donald Trump--accurately described by Meg Whitman as a would-be Mussolini (though without Mussolini's rootedness in genuine ideological debate).I continue to wonder how or why the losers of the upcoming election will accept the verdict, given that the only thing we're going to hear over the next five months is savagely personal criticism of the two leading… [read post]
1 Feb 2020, 8:33 pm
Only Mark Tushnet at that time had the wisdom to suggest that the correct answer might be "the whole thing. [read post]
20 Feb 2020, 7:06 am
Tushnet with a foreword by Randall Kennedy. [read post]
3 May 2019, 10:14 am
Does NIFLA mark the death-knell of Central Hudson? [read post]
27 Jul 2014, 12:30 am
" 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]
20 May 2014, 9:30 pm
" --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]
4 Jan 2016, 12:30 pm
Jack Balkin, Erwin Chemerinsky, Mark Lemley, Martin Redish, Steven Shiffrin, Geoffrey Stone, Rebecca Tushnet and many more. [read post]
7 Feb 2009, 10:35 am
" -- Mark Tushnet, Harvard Law School [read post]
6 Nov 2013, 5:47 am
Pamela Karlan discusses the case at the Boston Review, and Mark Tushnet does the same at ACSblog. [read post]
18 Dec 2011, 6:05 am
Mark Tushnet (Harvard) • Prof. [read post]
22 Jan 2015, 4:14 pm
Rebecca Tushnet: If the fact that the torso wearing the collar and bow tie is unclothed is not part of the mark, then any man in an outfit with cuffs and a bow tie is copying the Chippendale’s mark. [read post]
12 Dec 2017, 1:18 pm
Rebecca Tushnet: If the fact that the torso wearing the collar and bow tie is unclothed is not part of the mark, then any man in an outfit with cuffs and a bow tie is copying the Chippendale’s mark. [read post]
7 Jun 2012, 2:37 pm
UPDATE: Comments on the case from: * John Welch/TTABlog * Rebecca Tushnet [read post]
4 Dec 2010, 7:21 am
"--Mark Tushnet, Harvard Law School "I cannot remember reading another collection of essays that is so strong and compelling. [read post]
