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 Mar 2013, 6:35 pm
Mark Tushnet has pointed out to me that he believes that someone like Anthony Kennedy is likely to vote for gay rights in the Marriage Cases--or at least not to vote on the merits against gay rights--because he doesn't want to be remembered as being like Henry Billings Brown, the author of Plessy v. [read post]
16 Jun 2019, 8:00 am
I would be remiss if I did not pause here to observe -- once again, contra to Mark Tushnet’s dismissal of any relationship between the views of the political (and economic, and theological, etc.) thinkers I recount in my book and Reagan administration, Supreme Court, and legal academic originalism -- that, as it happens, Gary Lawson, a major figure in the latter three endeavors, testifies that, in fact, he read deeply in it (although, to be sure, in… [read post]
5 Jul 2016, 3:03 pm
Mark Tushnet, a prominent skeptic of judicial power, now calls on young progressives in the legal academy to propose theories of liberal judicial activism, abandoning their previous “defensive crouch. [read post]
25 Jun 2020, 1:32 pm
I also share Mark Tushnet’s fearthat, because both criminal investigations and the impeachment process were so severely obstructed, we likely are aware of a much smaller fraction of the wrong-doing that has occurred than we were in previous national scandals: we cannot weigh the merits of leniency when we know only a slender fractionof what happened. [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]
28 Nov 2008, 12:14 pm
You can separately subscribe to the IP Think Tank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: European Court of Justice raises bar for famous brand owners wishing to prove dilution: Intel Corporation v CPM United Kingdom (Managing Intellectual Property) (IPKat) (IPKat) (Class 46) RPX Corporation – Defensive patent aggregation club (Securing Innovation) (Patent Fools) (Patent Prospector) (Techdirt) (IAM) Peterlin's… [read post]
14 Nov 2009, 5:59 am
Historically, we have TM owners police deceptive uses of marks. [read post]
27 Oct 2020, 11:57 am
Mark Lemley, Marc McKenna, Joseph Scott Miller, Jennifer Rothman, Rebecca Tushnet, and me. [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]
9 Sep 2016, 12:24 pm
“LV claims that dilution law allows it to prevent the creation of unauthorized new associations with its mark, which is to say, to prevent consumers from forming new opinions and beliefs even in the absence of deception,” the brief said. [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]
25 Feb 2014, 5:13 pm
Prominent liberal scholars such as Harvard’s Mark Tushnet (see also here) have come to recognize that he is a serious and sophisticated thinker on many constitutional law issues. [read post]
