Search for: "Mark Tushnet"
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25 May 2012, 6:53 am
Like Mark Tushnet and Paul Horwitz, I tend to think the latter efforts are mostly an attempt to preemptively spin the Court's decision, because it's too late to try and influence the Court's decision. [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]
24 May 2012, 7:00 am
” Mark Tushnet asks, why not? [read post]
24 May 2012, 6:33 am
.” Over at Balkinization, Mark Tushnet argues that conservative commentators are preparing to argue that any decision upholding the mandate was tainted by politics. [read post]
23 May 2012, 7:23 am
Mark Tushnet raises, much better than I could, a question that has certainly been nagging at me these past few weeks if not months now. [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]
7 May 2012, 12:06 pm
Tushnet, Georgetown University Law Center (United States) One thing I learned from the previous 2: grass is always greener! [read post]
23 Apr 2012, 5:36 am
Kur: “used as a mark” can al [read post]
20 Apr 2012, 10:18 am
Mark Lemley: Why now? [read post]
13 Apr 2012, 1:01 pm
Rebecca Tushnet, Georgetown Law Cribbing largely from the amicus brief I helped write: There are instances when consumers have preferences that cannot be reduced to scientific quantification of performance (“utility”), but are real marketplace constraints nonetheless. [read post]
9 Apr 2012, 6:50 pm
The brief drafted by Rebecca Tushnet of Georgetown Law Center stated: "This court should recognize that the shadow cast by a mark in a single color on a fashion item creates enormous uncertainty for other designers and should regard claims of single color trademarks in fashion with considerable skepticism... [read post]
2 Apr 2012, 1:50 pm
(I would put Mark Tushnet’s posts in this category.) [read post]
2 Apr 2012, 8:21 am
(I would put Mark Tushnet's posts in this category.) [read post]
30 Mar 2012, 2:32 pm
Rebecca Tushnet, Georgetown University Law Center The Eye Alone Is the Judge: Images and Design Patents Fear of images is common in law, resolved by two contradictory and unpredictably deployed concepts – the image as transparent representation of reality and the image as opaque and non-dissectable fact in the world. [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]
29 Mar 2012, 4:21 pm
" Even partisan Democrats are likely only to fulminate, but how many will say, "You know, I think that Oliver Wendell Holmes and Mark Tushnet have gotten it right, and we should simply eliminate the very power of judicial review, at least with regard to any federal legislation. [read post]
24 Mar 2012, 10:58 am
David Landau responded to Mark Tushnet’s comments on his article “The Reality of Social Rights Enforcement” in a final installment of the Third Harvard International Law/Opinio Juris Symposium that took place earlier in the year. [read post]
23 Mar 2012, 9:30 pm
Over at Balkinization, Mark Tushnet (Harvard Law School) compares the Roberts Court's recent decision on effective representation in plea bargaining to the Warren Court's decision in Terry v. [read post]
19 Mar 2012, 5:00 am
I would like to thank Mark Tushnet for his thoughtful reply to my article. [read post]
4 Mar 2012, 9:36 am
(Via Eve Tushnet.) [read post]
