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3 Apr 2011, 1:35 pm by Duke Law Journal
Aagaard Lecture Administrative Law in the 1930s: The Supreme Court’s Accommodation of Progressive Legal Theory Mark Tushnet Note Promoting Progress with Fair Use Joshua N. [read post]
1 Apr 2011, 12:19 pm by Randy Barnett
(Randy Barnett) In addition to the new article by Jim Lindgren blogged about below, Larry Solum has the scoop today on new articles by Michael Dorf (Cornell) on A Theory of the Constitution, Mark Tushnet (Harvard Law School) on Taking the Law Away from the Courts, Benjamin Wittes (Brookings Institution) on Defamation and Treason in the Early Republic, Heather Gerken (Yale University — Law School) on Concurring by Nondecision, and Richard Posner (United States Court of Appeal… [read post]
1 Apr 2011, 8:08 am by Lawrence Solum
Mark Tushnet (Harvard Law School) has posted Taking the Law Away from the Courts on SSRN. [read post]
22 Mar 2011, 10:00 am by Guest Blogger
Consider Michael Klarman’s view that the Court rarely challenges an existing national political consensus or Mark Tushnet’s advice to “take the Constitution away from the courts. [read post]
21 Mar 2011, 3:00 am by Guest Blogger
For the Constitution in 2020 conference on The Future of Equality.Michael ParisEveryone knows that school desegregation is dead. [read post]
16 Mar 2011, 3:27 pm by Rebecca Tushnet
Luncheon Keynote Jim Davidson, Executive Director of the Alliance for American Advertising and The Advertising Coalition, Chair, Public Policy Group, Polsinelli Shughart PC Unprecedented level of attacks: taxes on ads (limits on deductibility); restrictions on food ads, especially for those under 18; online ads for prescription drugs (stalemate at FDA about this); limits on online consumer research. 100 new Republican members with no commitment to prior priorities. [read post]
5 Mar 2011, 5:55 am by Lawrence Solum
For that reason alone, there will be strong resistance to their book's central thesis, which is the mark of a highly successful work. [read post]
23 Feb 2011, 2:41 am by Dennis Crouch
Presenters include:  Ann Bartow, Barton Beebe, Greg Lastowka, Mark McKenna, and Rebecca Tushnet. [read post]
16 Feb 2011, 10:37 pm by Mary L. Dudziak
  Searching for workable analogies, Mark Tushnet argued thatthe long duration of the “war on terrorism” suggests that we ought not to think of it as a war in the sense that the Second World War was a war. [read post]
14 Feb 2011, 7:44 am by Walter Olson
” [Pope Center] Mark Tushnet on academic fads and “mere” doctrinal scholarship [via Boyden, PrawfsBlawg] Some law reviews admit their circulation has plunged, others don’t admit it [Ross Davies, Green Bag via Caron] “Girls under trees” deprecated as element in law school web design [Lowering the Bar] On lawprof interest disclosures [Gerding/Conglomerate, Salmon, Weiser/SALT] Legal academy during World War II mostly silent on government… [read post]
12 Feb 2011, 7:28 am by Rebecca Tushnet
Walking Mountain—consequence of not thinking about images as marks rather than bad thinking about images. [read post]
4 Feb 2011, 10:05 am by Steve Bainbridge
So I was particularly interested to read the very end of a recent paper Mark Tushnet posted on SSRN, recently, Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years. [read post]
4 Feb 2011, 8:33 am by Bruce Boyden
So I was particularly interested to read the very end of a recent paper Mark Tushnet posted on SSRN, recently, Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years. [read post]
1 Feb 2011, 9:58 am by Media Law Prof
Mark Tushnet, Harvard Law School, has published 'Telling Me Lies': The Constitutionality of Regulating False Statements of Fact as Harvard Public Law Working Paper No. 11-02. [read post]
21 Jan 2011, 1:18 pm by Alfred Brophy
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]
13 Jan 2011, 6:09 am by Mary L. Dudziak
Mark Tushnet, Harvard Law School, has posted a new essay, Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years. [read post]
13 Jan 2011, 5:29 am by Lawrence Solum
Mark Tushnet (Harvard Law School) has posted Harry Kalven and Kenneth Karst in the Supreme Court Review: Reflections after Fifty Years on SSRN. [read post]