Search for: "Mark Tushnet"
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12 Aug 2017, 7:42 am
(Paging Rebecca Tushnet, who has shown through FOIA requests that our own government can’t make that distinction either). [read post]
21 Jun 2018, 2:06 pm
In 2004, Harvard law professor Mark Tushnet wrote an influential article called “Constitutional Hardball. [read post]
2 Oct 2015, 1:31 pm
Session IV –Subject Matter and Limitations • Rebecca Tushnet Drassinower defines trademark as the right to completely control the meaning of a mark as applied to a good or service: radically unidirectional, like a one-way traffic sign, and a trademark is not and should not be that! [read post]
12 Apr 2013, 1:56 pm
However, apart from same mark/same goods, you had to show real confusion. [read post]
6 Jun 2019, 6:30 am
I am delighted, for example, to take this opportunity to tout the book co-edited by Mark Graber, Mark Tushnet, and myself, Constitutional Democracy in Crisis? [read post]
8 Aug 2024, 6:30 am
Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020).August 16, 2020Balkinization Symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).June 24, 2020Balkinization Symposium on Linda McClain's new book, Who's the Bigot? [read post]
23 Apr 2008, 10:06 am
[Eric's note: Mark is making a highly stylized argument. [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 Jun 2008, 1:34 pm
In the third instance, false advertisement law regulates and punishes marketing schemes that seek to deceive consumers (one of my favorite examples on Rebecca Tushnet's Blog). [read post]
20 Apr 2012, 10:18 am
Mark Lemley: Why now? [read post]
7 Feb 2017, 5:05 am
It is how a constitution is supposed to work.Sometimes what people call constitutional crises are really what Mark Tushnet has called "constitutional hardball. [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]
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]
27 Jan 2016, 12:58 pm
MOB’s use of Louis Vuitton’s marks in service of what is an obvious attempt at humor is not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks; if anything, it is likely only to reinforce and enhance the distinctiveness and notoriety of the famous brand. [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]
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]
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]
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]
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]
17 Jan 2015, 4:53 pm
” Mark Tushnet Professor of Constitutional Law, Georgetown University 10 Years of Bloggy Ok-Ness Perhaps he’s overstated it, though probably not as much as those interviewed in this New York Law Journal article (subscription required) think he did, but as I said in an email to Doug: “I haven’t read your book but appreciate the buzz it’s generated. [read post]
