Search for: "Mark Tushnet"
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25 Sep 2023, 4:00 am
As Harvard Professor Emeritus Mark Tushnet has written, "everyone who’s thought about designing a constitutional court since 1900 has thought that a retirement age was a good thing. [read post]
18 Feb 2016, 11:58 am
Mark Tushnet might describe the dynamic in terms of “constitutional hardball”—with a more optimistic lens, David Pozen might speak of “countermeasures. [read post]
12 Jun 2016, 7:26 am
(See the recent flap over Mark Tushnet’s suggestion that constitutionalists on the left abandon their defensive crouch.) [read post]
13 Sep 2024, 6:30 am
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023).Mark Tushnet Aileen Kavanagh offers an extremely important alternative to the common way of organizing our thinking about constitutional review around the dichotomy “judicial” and “political” constitutionalism. [read post]
3 Jan 2020, 7:22 am
The Lanham Act defines a “counterfeit” as “a spurious mark which is identical with, or substantially indistinguishable from, a registered mark. [read post]
4 Jan 2010, 3:23 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/ Highlights this week included: CAFC: False marking statute applies on a per article basis: Forest Group, Inc v Bon Tool Co (GRAY On Claims) (EPLAW) (Washington State Patent Law Blog) Global Global – General Why no one is reading this post (IP Think Tank) It’s the silly season but this is ridiculous (IP Think Tank) Year end wishes for… [read post]
28 Jun 2023, 10:30 am
” Constitutional democracy is also marked by the “principles of popular authorization, …political equality, and accountability. [read post]
21 Jan 2023, 6:30 am
Perhaps the least remembered passage in Mark Tushnet’s notorious May 2016 post on defensive-crouch constitutionalism was its most prescient: “Of course all bets are off if Donald Trump becomes President. [read post]
11 Apr 2011, 5:16 am
Initial conception of dilution was targeted at coined/fanciful marks, giving copyright-like interests some play—you can’t copy that famous unique mark. [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]
11 May 2010, 9:04 am
I do want to pick up on Mark Tushnet's post, regarding her article on Presidential Administration. [read post]
17 Sep 2013, 7:56 am
Mark Tushnet has joined the historical and legal lines of literature on non-judicial views of the Constitution in his response to a lot of the early critiques of Kramer. [read post]
10 May 2010, 8:40 pm
On Airtalk today on NPR, Larry Mantle went so far as to ask Mark Tushnet: “On the personal side did you have any sense of whether she was in a relationship, or dated? [read post]
20 May 2010, 10:51 am
Many of today's liberal law professors (he cites Mark Tushnet, Robert Post, and Larry Kramer) have shifted to the popular constitutionalism movement, arguing that courts should stay out of the judicial-review business--a theoretical position that would not play well for a judicial nominee. [read post]
23 Mar 2010, 4:49 am
Friedman, Notes toward a Sociology of Human Rights 25 Mark Tushnet, The Warren Court and the Limits of Justice 26 Elizabeth Borgwardt, "Constitutionalizing" Human Rights: The Rise and Rise of the Nuremberg Principles PART V THE PAST AND FUTURE OF LEGAL HISTORY 27 Yochai Benkler, Transformations in the Digitally Networked Environment 28 Sanford Levinson and Jack M. [read post]
2 Apr 2012, 1:50 pm
(I would put Mark Tushnet’s posts in this category.) [read post]
31 Dec 2008, 12:11 am
What I do believe is that the Senate may have more options in this case than one might think.UPDATE: Akhil Amar and Josh Chafetz over at Slate reach conclusions similar to mine by a different route: They point out (as does Mark Tushnet) that the Senate is also the judge of the "return" which, in this case, means the report of an appointment. [read post]
19 Mar 2008, 9:20 am
Indeed, the best recent academic work (by people like Adrian Vermeule, Jeremy Waldron, Mark Tushnet, Cass Sunstein, and Larry Kramer) points out the thin moral, political, institutional, and historical basis for judicial supremacy, and urges the justices to abandon judicial review altogether or radically limit it. [read post]
20 Sep 2011, 11:56 am
As Mark Tushnet has observed, globalization is not likely to lead to uniformity or global constitutional norms (whether derived from the First Amendment or from foreign sources). [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]
