Search for: "Mark Tushnet"
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26 Sep 2011, 5:38 pm
Columbia Legal Theory Mark Tushnet (Harvard Law) presents “Civil Liberties After 1937 - The Justices and Their Theories. [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]
29 Aug 2011, 9:28 pm
Emanuel knew the judge, has mined his working papers, and writes with a sure feel for this modest man who cast such a large shadow over his adopted South.And Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, writes:Anne Emanuel admirably describes the career—in war, politics, and law—of a judge who was at the center of enforcing civil rights law in the 1960s. [read post]
13 Aug 2011, 3:06 pm
The Texas Law Review's on-line companion, See also, has posted Mark Tushnet's response to Justin Driver's article "The Consensus Constitution," which appeared in the Texas Law Review this spring. [read post]
1 Aug 2011, 6:22 am
Balkin’s perspective is positioned with the leanings of scholars like Mark Tushnet, , Sanford Levinson, William Eskridge, and Larry Kramer, who regard social and political movements to be important actors for “shifting the boundaries” of what are considered to be reasonable and plausible alternatives to existing inequalities. [read post]
6 Jul 2011, 9:13 am
It is clear that Section 4 of the Fourteenth Amendment is now, in Mark Tushnet's helpful reformulation, "on the table" in the current debate over the possibility of a US default on its debt. [read post]
4 Jul 2011, 11:07 am
As Mark Tushnet has noted, we have recently seen both the left and the right launch novel constitutional arguments in response to political developments. [read post]
3 Jul 2011, 10:09 am
Meanwhile, Mark Tushnet finds the mere suggestion the President has constitutional authority to violate the debt ceiling “off-the-wall” (which is not the same thing as saying it is wrong). [read post]
27 Jun 2011, 6:38 am
Briefly: Mark Tushnet of Balkinization discusses what he characterizes as an “exceedingly annoying rhetorical trope” deployed in several recent First Amendment opinions. [read post]
15 Jun 2011, 4:35 am
” (Also at Balkinization, Mark Tushnet highlights a passage from Justice Scalia’s majority opinion that he describes as “approach[ing] elegance. [read post]
13 Jun 2011, 6:00 am
Over time, after reading engaging comparative and/or cross-disciplinary work by scholars including Vicki Jackson, Mark Tushnet, George Billias, Andrew Lewis, Mary Dudziak, Willy Forbath and Ariela Gross, I've [read post]
9 Jun 2011, 7:50 am
A Response to Professor Mark Tushnet (INTERNATIONAL LAW IN THE U.S. [read post]
22 May 2011, 2:36 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
22 Apr 2011, 9:21 am
McGeveran has identified many such interests, and Tushnet also in the value of play. [read post]
12 Apr 2011, 2:02 pm
Texas," Kenneth Mack of Harvard Law School on "Depression and Dissent: The Idea of Structural Inequality in the Civil Rights Politics of the 1930s," Richard Pildes of New York University on "Dissent in the Legal Academy and the Temptations of Power," Ravit Reichman of Brown University on "The Ethics of an Alternative: Counterfactuals and the Tone of Dissent," and Mark Tushnet of Harvard Law School on… [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]
9 Apr 2011, 2:20 pm
”—Mark Tushnet, Harvard Law School [read post]
8 Apr 2011, 1:32 pm
For example, Hall includes a 1982 article by Wythe Holt pitting Morton Horwitz and Mark Tushnet against Bernard Bailyn and Gordon Wood. [read post]
7 Apr 2011, 7:07 am
I mention this now because this semester I'm teaching an upper division Legislation/ Regulation and have been using a really interesting casebook edited by Lisa Heinzerling and Mark Tushnet, The final reading in the book is from a 1990 Gerald Frug article in which he argues that those who assume that people can't govern themselves, and as a result prefer the delegation of authority to expert, bureaucratic officials, harbor unexamined and uncritical anti-democratic… [read post]
6 Apr 2011, 9:10 am
"Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory," by Mark Tushnet, Harvard Law School, will soon appear in the Duke Law Journal 60 (2011): 1565-1637, but it is available here now. [read post]
