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17 Dec 2011, 9:36 am by Alfred Brophy
"  Among the scholars cited there are Erwin Chemerinsky, Saul Cornell, Don Fehrenbacher, Robert George, Mark Graber, Daniel Hamilton, Morton Horwitz, Daniel Hulsebosch, Frank Michelman, Chris Tomlins, Mark Tushnet, Robin West, and Gordon Wood. [read post]
28 Nov 2011, 12:59 pm by Harvard Law Review
READ MORE “I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication Mark Tushnet :: In this response to Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, Professor Mark Tushnet raises two potential problems with Professor Dan Kahan’s argument that the Supreme Court can restore public faith in its neutrality by avoiding “motivated reasoning” and… [read post]
18 Nov 2011, 2:33 pm by Orin Kerr
Suzanna Sherry responds to Kahan here, and Mark Tushnet responds as well here. [read post]
17 Nov 2011, 7:33 am by Rebecca Tushnet
TM: pay more attention to mark similarity—get closer to draw on some of that power. [read post]
9 Nov 2011, 7:56 am by Rebecca Tushnet
Barton Beebe, NYU, Aesthetic Progress and Intellectual Property LawWhat is the aesthetic? [read post]
8 Nov 2011, 7:41 am by Rebecca Tushnet
Fanciful mark did worse re CONSUMER RECONGITION as a mark than the descriptive/suggestive marks. [read post]
7 Nov 2011, 5:32 am by Paul Horwitz
Rev. 1095 (2005); Robert Post, who in a forthcoming book discusses the place of knowledge-generation within First Amendment law; and Mark Tushnet, whose recent paper on the Stolen Valor Act discusses “the constitutionality of regulating false statements of fact. [read post]
1 Nov 2011, 4:35 pm by Bridget Crawford
Mark Tushnet Prohibited Realities and Fractured Persons: Remaking Lives in Transnational Spaces,? [read post]
31 Oct 2011, 3:10 pm by CrimProf BlogEditor
Maximo Langer (University of California, Los Angeles - School of Law, pictured) and Kent Roach (University of Toronto - Faculty of Law) have posted Rights in Connection with Criminal Process (Handbook on Constitutional Law, Mark Tushnet, Thomas Fleiner, Cheryl Saunders,... [read post]
28 Oct 2011, 1:00 am by Karen Tani
  It is a symposium on Linda Bosniak's The Citizen and the Alien: Dilemmas of Contemporary Membership (2006) and Ayelet Shachar's The Birthright Lottery: Citizenship and Global Inequality (2009).LHB readers may be particularly interested in the contributions by Rogers Smith and Mark Tushnet. [read post]
25 Oct 2011, 10:43 am by Lawrence Solum
 The symposium is focused upon the books The Citizen and the Alien: Dilemmas of Contemporary Membership (2006), by Linda Bosniak, and The Birthright Lottery: Citizenship and Global Inequality (2009), by Ayelet Shachar.The symposium, edited by Leti Volpp, features an extraordinary collection of scholars engaged in a vigorous debate about the complicated relationship between citizenship and inequality.You can find a link to the symposium… [read post]
20 Oct 2011, 7:18 am by Timothy Zick
  As Balkin and others have noted, the Tea Party has been successful at taking some claims that seemed “off the wall” and putting them, as Mark Tushnet perhaps more appropriately suggests, “on the table. [read post]
19 Oct 2011, 5:46 am by Lawrence Solum
Jennifer Mason McAward (Notre Dame): McCulloch and the Thirteenth AmendmentCommentator: Mark Tushnet (Harvard)4. [read post]
18 Oct 2011, 7:44 am by Paul Horwitz
 I also recommend the pieces on this issue by Mark Tushnet and Chicago law student Josh Parker. [read post]
14 Oct 2011, 6:02 am by Paul Horwitz
 It's an issue I hope to start working on soon, and it has drawn a good deal of recent attention from some of the top First Amendment scholars, including Eugene Volokh, Mark Tushnet, Ashutosh Bhagwat, and others. [read post]
12 Oct 2011, 10:52 am by Conor McEvily
Also at this blog, Rebecca Tushnet discusses the oral argument in Golan v. [read post]
3 Oct 2011, 7:41 am by Paul Horwitz
 I must thank them by name: Mark Tushnet, Anuj Desai, Joe Blocher, Rick Garnett and Nelson Tebbe (who together organized the conference), John Inazu, Randy Kozel, Fred Gedicks, and, although he couldn't make it at the last minute, Paul Schiff Berman. [read post]
2 Oct 2011, 10:45 am by Alfred Brophy
 What Jeff Powell and Mark Tushnet Have to Say to One Another. [read post]
30 Sep 2011, 9:59 pm by Dan Ernst
 Around the colloquia (courtesy of Legal Scholarship Blog): On September 26, Mark Tushnet (Harvard Law ) presented "Civil Liberties After 1937 - The Justices and Their Theories” at Columbia Law," and Jonathan Miller (Southwestern Law) presented "Borrowing a Constitution: The U.S. [read post]
26 Sep 2011, 6:57 pm by Tan Mau Wu
Toronto)[127 downloads] Worth a Thousand Words: The Images of Copyright Law, by Rebecca Tushnet (GULC) [read post]