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31 Dec 2023, 9:43 am
¿Dworkin, Waldron o Mark Tushnet? [read post]
19 Sep 2022, 6:30 am
This post was prepared for a roundtable on Comparative Constitutional Design, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
28 Jan 2024, 6:26 am
[1] My fellow Balkinization blogger Mark Tushnet has suggested, and amici Akhil and Vik Amar have argued, that the Court should opt for a fourth option—namely, to affirm the legality of Colorado’s refusal to place Trump’s name on the primary election ballot without deciding the substantive question of his eligibility to be President. [read post]
1 Feb 2017, 11:50 am
But it was a case of what Mark Tushnet calls “constitutional hardball,” indeed hardball pushed to an extreme level—a level at which the game itself may fall apart. [read post]
14 Nov 2018, 4:07 pm
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
4 May 2023, 4:00 am
The list included Eugene Volokh, Ilya Somin, Jonathan Adler, Mike Dorf, Pam Karlan, and Mark Tushnet, among many others. [read post]
27 Sep 2023, 8:00 am
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Constitutional law commentaries regularly include references to foreign law. [read post]
Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism
15 Sep 2021, 4:30 am
In this sense, as Mark Tushnet likes to say, "law is politics all the way down," at least in the constitutional sphere, where so many of us reside. [read post]
22 Oct 2020, 11:25 am
When Dave Pozen and I wrote our article two years ago on asymmetric constitutional hardball (building on the important and ongoing work by Mark Tushnet), our bottom line was that the constitutional hardball we observe is reciprocal but not symmetrical. [read post]
14 Aug 2022, 9:30 pm
” The students had already read a note, drawing heavily upon Mark Tushnet’s Making Civil Rights Law, on Corrigan v. [read post]
4 Jun 2018, 8:27 am
Trademark: the right to preserve the mark against disparagement, dilution. [read post]
11 Sep 2019, 6:30 am
Lee, The Workplace Constitution: From the New Deal to the New Right (2014); Mark Tushnet, Taking the Constitution Away from the Courts (1999); Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise (2016); Sotirios A. [read post]
28 Sep 2007, 8:10 am
Full constitutional protection for commercial speech would mark an even bigger change. [read post]
14 Jul 2010, 2:08 pm
More comments from Rebecca Tushnet (smart and challenging, as always—especially about the numerous empirical deficiencies in the opinion), Ryan Gile and Tom O’Toole. [read post]
3 Apr 2009, 7:23 pm
Gore & Assoc (Chicago Intellectual Property Law Blog) District Court N D Ohio: False patent marking may not be false advertising: Rainworks Ltd v Mill-Rose Co (Rebecca Tushnet's 43(B)log) District Court S D New York: infringement of ‘essential’ patent in patent pool: Koninklijke Philips Electronics N.V. v. [read post]
17 Apr 2010, 3:00 am
An identical mark on a different product may cause some pollution of the meaning of the mark (by causing the mark to be encountered in the abstract), and blurring and ta [read post]
19 Sep 2008, 6:00 pm
: (Wired) The South strikes back against overreaching IP enforcement: (Intellectual Property Watch) WIPO assembly set to appoint new head: (Managing Intellectual Property) Open business systems fill gap in mainstream entertainment industry: (Intellectual Property Watch) Global - Trade Marks / Domain Names / Brands Brand values collapse in the face of global financial turmoil: (IAM), Genericness survey results: (Property, intangible) Reputation as risk: a lesson from the financial… [read post]
7 May 2012, 12:06 pm
Tushnet, Georgetown University Law Center (United States) One thing I learned from the previous 2: grass is always greener! [read post]
3 Jan 2018, 5:10 am
Garon, Jim Gibson, Eric Goldman, Stacey Lantagne, Mark A. [read post]
20 May 2016, 12:25 pm
Session 3 – Defamation and SpeechDiscussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey Silbey: Alvarez and a theory of deception as speech. [read post]
