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2 Mar 2012, 10:17 am by Rebecca Tushnet
Rebecca Tushnet, Professor, Georgetown University Law Center Design right: undertheorized in US law. [read post]
17 Feb 2012, 8:29 am
I should also say that I tend to agree with one of the underlying ideas at Lawfare, as I understand their project, and that Harvard Law Professor Mark Tushnet has also made: “liberals” and “conservatives” are often talking past each other on questions of national security, and there is a need to reshift the conversation, and get beyond partisan and left/right divides.The most essential point is methodological (and if you’re looking for the direct… [read post]
17 Feb 2012, 7:17 am by Mary L. Dudziak
  I should also say that I tend to agree with one of the underlying ideas at Lawfare, as I understand their project, and that Mark Tushnet has also made: “liberals” and “conservatives” are often talking past each other on questions of national security, and there is a need to reshift the conversation, and get beyond partisan and left/right divides.The most essential point is methodological (and if you’re looking for the direct points about my… [read post]
16 Feb 2012, 11:40 am by Marvin Ammori
Moreover, as Mark Tushnet has argued about the public/private distinction, and as I discuss in my post on property, courts sometimes treat “private property” to be an instance of public action, not of private action. [read post]
14 Feb 2012, 8:39 am by Marvin Ammori
As Mark Tushnet has argued, there is no rhyme or reason to when courts treat private property as public law. [read post]
13 Feb 2012, 4:00 am by propertyprof
The following is a guest post from Rebecca Tushnet of Georgetown. [read post]
10 Feb 2012, 2:02 pm by Rebecca Tushnet
  Can she disaffirm years later, even if the mark is incontestable? [read post]
8 Feb 2012, 4:00 am by Mark Tushnet
Mark Tushnet The Texas Law Review recently published an important symposium on Latin American constitutionalism. [read post]
7 Feb 2012, 2:11 pm
There are some important efforts to rethink wartime, including Harvard Law Professor Mark Tushnet’s argument that we should think of contemporary war as an ongoing condition, not a confined wartime, and some of the work on the idea of a “long war. [read post]
5 Feb 2012, 9:53 am by Mary L. Dudziak
There are some important efforts to rethink wartime, including Mark Tushnet’s argument that we should think of contemporary war as an ongoing condition, not a confined wartime, and some of the work on the idea of a “long war. [read post]
1 Feb 2012, 2:10 pm by Danielle Citron
Allen Ann Bartow Kristin Eschenfelder Edward Felten Ian Kerr Jaron Lanier Paul Ohm Hector Postigo Ted Striphas Valerie Steeves Michael Zimmer In the meanwhile, get your copy of the book and mark your calendars! [read post]
30 Jan 2012, 2:00 am by Karen Tani
Chris Schmidt, Chicago-Kent Law School"Divided by Law: The Sit-Ins, Legal Ambiguity, and the Role of the Courts in the Civil Rights Movement"February 21: Nick Parillo, Yale Law School"Against the Profit Motive: The Transformation of American Government, 1780-1940"March 6: Sophia Lee, University of Pennsylvania Law School"The Workplace Constitution: Race, Labor and Conservative Politics from the New Deal to the New Right"March 13: Mark Tushnet, Harvard… [read post]
23 Jan 2012, 1:40 pm by Harvard International Law Journal
by Harvard International Law Journal [Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School, responds to David Landau, The Reality of Social Rights Enforcement. [read post]
23 Jan 2012, 1:30 pm by Harvard International Law Journal
Moreover, the consensus recommendation of that literature, according to scholars like Cass Sunstein and Mark Tushnet, is that courts can enforce socio-economic rights but should do so in a weak-form or dialogical manner, whereby they point out violations of rights but leave the remedies to the political branches. [read post]
22 Jan 2012, 4:00 pm by Harvard International Law Journal
It features the following line-up: On Monday, Mark Tushnet will respond to David Landau‘s article, The Reality of Social Rights Enforcement. [read post]
6 Jan 2012, 6:29 am by Lawrence Solum
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]
29 Dec 2011, 4:00 am by Tomiko Brown-Nagin
These books, among other recently-published scholarship noted on this blog here (Corey Robin's Reactionary Mind), here (JAH Roundtable on Conservatism), and here (Mark Tushnet's Review of Teles, Rise of the Conservative Legal Movement), just to cite a few examples, suggest that conservative causes are popular subjects of scholarly inquiry and of immense interest to the literate public. [read post]