Search for: "Mark Tushnet"
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8 May 2018, 9:50 am
” In brief, Whittington argues: (1) that commanding a President to appear before a court and provide testimony “intrudes on the core functioning of a coordinate branch” in a way that commanding the President to turn over documents or even recordings does not; and (2) the courts should be reluctant to play (borrowing Mark Tushnet’s phrase) “constitutional hardball” against the political branches in general, and most especially here, where they… [read post]
8 Jun 2017, 11:42 am
Mark Tushnet, law professor: So far there's nothing that dramatically changes the picture — lots of pieces of evidence that could go into making a criminal case and very little to weaken such a case but nothing that in itself shows criminal intent. [read post]
11 Feb 2014, 8:09 am
Further, the high recognition factor of the Starbucks marks may make it easier for consumers to realise and understand the use as parody.However, Dumb Starbucks has reproduced Starbucks’ iconic marks in their entirety, in relation to identical goods, in the same product market, for example. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
1 Apr 2016, 3:29 am
Trademark Cases"Professor Rebecca Tushnet Says the CAFC's Reasoning in In re Tam Was WrongRecommended Reading: Marc J. [read post]
4 Jun 2014, 9:30 pm
Walter Gellhorn described it in an introduction to a law-review symposium in 1940, and Mark Tushnet’s studies of Crowell v. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
6 Jan 2012, 6:29 am
PANELISTS: • Carl Bogus, Roger Williams University School of Law • Courtney Cahill, Roger Williams University School of Law • Steven Calabresi, Northwestern University School of Law • William Forbath, University of Texas School of Law • Douglas NeJaime, Loyola Law School Los Angeles • Reva Siegel, Yale Law School • Lawrence Solum, Georgetown Law School • Ilya Somin, George Mason University School of Law • Mark Tushnet, Harvard Law… [read post]
18 Jul 2009, 8:46 am
Mark Tushnet, Harvard Law SchoolAlexander Tsesis presents a full, thoughtful, and readable history of civil rights in the United States--an outstanding account from the optimistic, liberal perspective that modern advances are the working out of the egalitarian vision of the American founders. [read post]
22 Mar 2011, 10:00 am
Consider Michael Klarman’s view that the Court rarely challenges an existing national political consensus or Mark Tushnet’s advice to “take the Constitution away from the courts. [read post]
26 Dec 2006, 1:34 pm
Edwin Baker, University of Pennsylvania Law School; Mark Hart, Sole Practitioner: Appellate Law; Kenneth Karst, UCLA School of Law; Robert Myers, Newman, Aaronson & Vanaman; Stanley Goldman, Loyola Law School Los Angeles; Gerald Uelmen, Santa Clara University School of Law Presentation to Steven Shiffrin of the Christopher N. [read post]
23 May 2012, 6:13 am
” Striking a similar chord is Kathleen Parker of the Washington Post, who summarizes “[t]he left’s narrative” as “[v]ote our way, Chief Justice Roberts, or you will go down in history as having abrogated your duty” – a description that Mark Tushnet describes as “silly” at Balkinization. [read post]
3 Jul 2012, 12:13 pm
ANOTHER UPDATE: Over at Balkinization, Mark Tushnet has a very interesting post that includes a report on the rumors he heard after the argument, specifically sourced to a law clerk: Within a couple of weeks of the arguments, I heard a rumor, sourced to a law clerk, that the Court had voted to strike the ACA down. [read post]
11 May 2010, 12:52 pm
In case you think this is an important criteria for being on the Supreme Court, here's Eugene Volokh, Brian Leiter, Paul Campos, Mark Tushnet. [read post]
25 May 2012, 6:39 am
” At Balkinization, Mark Tushnet notes that this may be “the first case in which the Court has divided along gender lines,” but he also concludes that “neither the issue (a double jeopardy problem) nor the underlying facts implicate gender in any direct way. [read post]
1 Nov 2024, 12:28 pm
The symposium includes contributions by many prominent legal scholars, including Mark Tushnet, David Strauss, Geoffrey Stone, Sheryll Cashin, and my Volokh Conspiracy co-blogger David Bernstein, among others. [read post]
15 Jul 2009, 7:40 am
Otherwise, as Mark Tushnet argues, a circuit judge who interpreted a statute five years ago would have to recuse herself now when a different circuit created a split that the Supreme Court was called on to resolve. [read post]
19 Mar 2007, 1:19 am
Some hard-core legal realists (I have in mind Jack Balkin and Mark Tushnet but there were others) took the case as simply confirming what they had always thought: that judges make political decisions. [read post]
5 Jan 2008, 4:02 am
Harvard Law Prof Mark Tushnet (the moderator) and GW Law Prof Bob Cottrol (from the audience) thought that a victory for Heller would be good for Democratic politicians and gun control advocates, who could then claim credibly that the gun control measures they favor are not in fact the first step on a slippery slope to abolition. [read post]
23 Oct 2007, 7:56 am
I am hopeful that someone, perhaps from this list (or elsewhere), might have a few opinions on the subject:Marty Schwimmer;Greg Beck (Public Citizen)IP Law Blog;John Welch;William Patry;Brian Higgins;Ron Coleman;Legal Fixtion;IP Law Observer;Internet Cases;Erik HeelsRebecca Tushnet;Michael Atkins(Eric Turkewitz is most definitely not in the car rental business.)Update, 10/29/07: Dear Avis (A Public Response To Your Trademark Complaint On My Blog) [read post]
