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20 Dec 2010, 7:16 pm
The latest issue of the University of Queensland Law Journal includes an article by Harvard Law Professor Mark Tushnet titled "Academics as Law-Makers? [read post]
20 Dec 2010, 7:52 am
Mark Tushnet Free speech theory has neglected – to the point where it is almost an embarrassment – the treatment of false statements of fact as such (that is, where they do not injure reputation). [read post]
6 Dec 2010, 5:22 am
In another respect, however, it is a post about how constitutional conventions work and how actors in constitutional systems try to alter existing conventions for their electoral benefit, a practice that Mark Tushnet has called 'constitutional hardball.'"This post is about how actors in a constitutional system should respond when they feel that other actors have violated unspoken norms in a constitutional system and are playing constitutional hardball. [read post]
4 Dec 2010, 7:21 am
"--Mark Tushnet, Harvard Law School "I cannot remember reading another collection of essays that is so strong and compelling. [read post]
3 Dec 2010, 1:42 pm
In another respect, however, it is a post about how constitutional conventions work and how actors in constitutional systems try to alter existing conventions for their electoral benefit, a practice that Mark Tushnet has called "constitutional hardball. [read post]
30 Nov 2010, 10:33 am
”—Mark Tushnet, Harvard Law School [read post]
30 Nov 2010, 9:16 am
Transcript: “Good afternoon. [read post]
25 Nov 2010, 1:35 am
Forbath, Thomas Gallanis, Ariela Gross, Stephen Vladeck, Mark Tushnet, and Karen Tani, and current guests Allison Brownell Tirres and Chris Tomlins the newest on-going member of our team, Karen Tani our 77 blog followers the 263 people who like us on [read post]
22 Nov 2010, 9:13 am
Mark V. [read post]
18 Nov 2010, 5:34 pm
Amazon (Technology & Marketing Law Blog) (Rebecca Tushnet’s 43(B)log) US Trade Marks & Domain Names – Lawsuits and strategic steps Warren Weitzman – The Heebie Jeebies – Domain monetisation through click through traffic: Warren Weitzman v. [read post]
16 Nov 2010, 5:51 pm
I am reading once more Jeremy Waldron’s wonderful book, Law and Disagreement (1999), the complementary volume to his equally worthy Seeley Lectures, published as The Dignity of Legislation (1999) (for the record, I don’t share Waldron’s thoughts—or those of Larry Kramer or Mark Tushnet for that matter—on judicial review), which is relevant to several things I’m working on, but especially toward completing a couple of reviews of recent books… [read post]
15 Nov 2010, 6:16 pm
Mark Tushnet once wrote about the "'lawyer as astrophysicist' assumption, namely that the generalist training of lawyers allows any lawyer to read a text on astrophysics over the weekend and launch a rocket on Monday. [read post]
15 Nov 2010, 6:16 pm
Mark Tushnet once wrote about the "'lawyer as astrophysicist' assumption, namely that the generalist training of lawyers allows any lawyer to read a text on astrophysics over the weekend and launch a rocket on Monday." [read post]
12 Nov 2010, 1:30 pm
Strauss Why the Constitution Matters, by Mark Tushnet A Companion to the United States Constitution and Its Amendments, by John R.Vile The Spirit of the Law: Religious Voices and the Constitution in Modern America, by Sarah Barringer Gordon The Annotated U.S. [read post]
12 Nov 2010, 7:29 am
Forewords (on whose history one should read Mark Tushnet's terrific piece on the "Project of the Harvard Forewords" in Constitutional Commentary from the mid-1990s) often serve to consolidate and advance emerging trends in constitutional law, and this one seems to do the same thing. [read post]
12 Nov 2010, 7:29 am
Forewords (on whose history one should read Mark Tushnet's terrific piece on the "Project of the Harvard Forewords" in Constitutional Commentary from the mid-1990s) often serve to consolidate and advance emerging trends in constitutional law, and this one seems to do the same thing. [read post]
8 Nov 2010, 8:43 am
Rebecca Tushnet, Georgetown Law One story to tell about unbranding is that it’s about heads I win, tails you lose: the companies that want to use our credit and browsing histories to decide about us, and who tell us that to walk away from an underwater mortgage is immoral, want to be able to walk away from their own reputations whenever that would benefit them by making it harder for us to figure out who they are. [read post]
22 Oct 2010, 12:55 pm
Wisconsin Legal Studies Mark Tushnet (Harvard Law) presents “Civil Liberties in the Hughes Court Before 1937. [read post]
21 Oct 2010, 12:51 pm
Fordham James Brudney (Ohio State Law, visiting Fordham Law) Georgia State Mark Tushnet (Harvard Law) Loyola Alice Ristroph (Seton Hall Law) presents “Covenants for the Sword. [read post]
27 Sep 2010, 6:39 pm
1255 (2010) Mark Tushnet, Incentives and the Supreme Court, 78 Geo. [read post]