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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]
2 Nov 2007, 3:05 pm
Harvard law professor Mark Tushnet has written that “the fights over the Second Amendment are really about something else…about how we understand ourselves as Americans. [read post]
31 Jul 2014, 6:05 am
In The New York Review of Books, David Cole reviews three recent books on the Roberts Court – Uncertain Justice (by Laurence Tribe and former SCOTUSblog contributor Joshua Matz), In the Balance (by Mark Tushnet), and Scalia (by Bruce Murphy) – and concludes that “what most defines the Roberts Court may be its hostility to courts themselves. [read post]
28 Jun 2007, 1:42 pm
Mark Tushnet of Harvard Law School, whose recent book, "A Court Divided," explored the differences among Republican-appointed members of the Rehnquist court, said that "a consolidated conservative majority, not a divided conservative majority," was now in charge. [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]
7 Aug 2014, 12:21 pm
Dogan & Lemley, Tushnet, etc. [read post]
16 Oct 2020, 10:25 am
Better tools to show how consumers use marks. [read post]
20 Jun 2017, 11:25 am
Although this is not the decision I was hoping for in this case — I filed an amicus brief co-authored with Rebecca Tushnet on behalf of 31 law professors in support of the government — it is the decision I was expecting. [read post]
30 Jun 2014, 3:11 am
At Balkinization, Mark Tushnet suggests that “this Term a number of Justices have become (more) willing to take on Justice Scalia’s sharp rhetoric,” and he wonders whether “this reflects something new in the Court’s internal” dynamics. [read post]
6 Dec 2008, 12:22 pm
Mark Tushnet has coined the term "the lawyer [or law professor] as astrophysicist" to describe the their pretensions to understand very complex bodies of thought after relatively minimal study.What I find disturbing, though, and therefore worth this otherwise self-indulgent posting, is Justice Alito's apparent unwillingness to mention Jack Rakove's post on this site, tellingly titled "Thoughts on Heller from a "Real Historian," that states, among… [read post]
30 Mar 2012, 5:29 am
” Finally, Balkaiization‘s Mark Tushnet cheerfully offers “gratuitous offense” in commenting on Justice Scalia’s comments at oral argument Solicitor General Verrilli’s performance remains the subject of dueling assessments. [read post]
28 Sep 2009, 3:30 am
Given the number of institutions that are substantially self-regulating and have a long history of institutional practices, but that are nominally public, a First Amendment institutions approach might also raise questions about current state action doctrine - an issue about which Mark Tushnet raises his own questions in The Constitution in 2020. [read post]
20 Dec 2008, 3:00 am
(IP Dragon) Columbia Sportswear successful in reducing counterfeits in China (IP Dragon) Shenyang Intermediate People’s Court orders New Apple Concept Technology to pay Apple 400,000 Yuan in damages for trade mark infringement and unfair competition (DeBund) 2386 IPR cases dealt with by Culture Administrations in Q3 (DeBund) Well-known trade marks can be recognised on basis of the products’ sales volumes (DeBund) Judicial Criteria for copyright cases (part 2)… [read post]
14 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Mark Tushnet and Bojan BugaricWe thank all the contributors to the review-symposium for their thoughtful engagement with Power to the People. [read post]
4 Mar 2022, 9:18 am
Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g., Rebecca Tushnet, Jennifer Rothman, and John Welch, so this blog post will focus on the implications of the decision rather than provide a detailed summary of it. [read post]
5 Jul 2018, 4:15 am
” At Balkinization, Mark Tushnet questions the value of the presidential interview to the selection process. [read post]
2 Mar 2020, 10:14 am
Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t notice when they’re making empirical claims: SCt cases (even in Tam, on registration as endorsement). [read post]
26 Sep 2024, 6:30 am
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
24 Feb 2023, 1:27 pm
Not just for likely confusion, but also use as a mark. [read post]
