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27 Sep 2024, 7:30 am by Guest Blogger
  The resulting picture is one of diverse institutions interacting, counteracting, and collaborating in a common project of governance in mutually respectful and mutually responsive ways.I am indebted to Professors Erin Delaney, Stephen Gardbaum, Lawrence Solum and Mark Tushnet for their insightful reflections on The Collaborative Constitution. [read post]
4 May 2013, 7:40 am by Rebecca Tushnet
  Criminal copyright—but there are instances of one-to-one copying that a court wouldn’t find to be fair use but raise speech issues (see Tushnet). [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  With Robert Post’s magisterial volume on the Taft Court following closely on the heels of Mark Tushnet’s breakthrough contribution on the Hughes Court, the Holmes Devise 1921-1941 has now been safely returned (at long last) to its original ambition, purpose, scale, and scope as a legitimate history of record. [read post]
11 Feb 2025, 6:30 am by Guest Blogger
Jonathan Chausovsky The vast uprising of critiques of the current effort to dismantle the institutions of the United States Government is pervasive and important. [read post]
7 Nov 2008, 3:57 am
Let the names begin (Intellectual Property Watch) EPO, JPO, USPTO, SIPO and KIPO agree on work sharing initiative (IAM) (Patent Librarian’s Notebook) (Managing Intellectual Property) (IPR-Helpdesk) Union for the Protection of New Varieties of Plants future work to include global policy challenges (Intellectual Property Watch) End of life for IP (Securing Innovation) Royalty monetization: high-profile deals generate excitement among TTOs (Technology Transfer Tactics) Indentifying valuable… [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]
1 Nov 2008, 3:12 am
(Spicy IP) Section 3(d) Patents Actand utility model (Spicy IP) The polymorphism of trade mark dilution in India (Spicy IP)   Montenegro IP Office of Montenegro functional since 28 May 2008 - term for validation is 28 November 2008 (RelatIP)   Nigeria Nigeria textile industry under threat from China fakes (Afro-IP)   Norway Use on foreign-language website fails to save Munch mark (Class 46)   Poland Polish minister of sport's plans… [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman, and Jon Jekel; and news reporters from the New York Times (Adam Liptak) and Bloomberg (Greg Stohr). [read post]
5 Sep 2008, 11:01 pm
’s yodel first sound mark granted by India’s trade mark regis [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
 Rebecca Tushnet: This is part of a story about what we lost when we abandoned theories of TM harm and shifted to theories only of confusion. [read post]
4 Mar 2009, 7:44 am by Roshonda Scipio
AUTHOR Tushnet, Mark V., 1945- TITLE The constitution of the United States of America : a contextual analysis / Mark Tushnet. [read post]
4 Apr 2014, 12:03 pm by Rebecca Tushnet
  This is preclusion, or as Mark McKenna has called it, channeling. [read post]
18 Apr 2015, 11:05 am by Rebecca Tushnet
IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon) Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, song, video games. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
It was on this very blog that Mark Tushnet (alas, prematurely) declared victory and called for an unrestrained pursuit of left politics through constitutional law a mere matter of months before Donald Trump began his utter transformation of the courts into an instrument of reaction. [read post]
6 Jun 2023, 2:15 pm by Barbara Moreno
Mark Tushnet, Taking Back the Constitution:  Activist Judges and the Next Age of American Law (2020). [read post]
17 Feb 2012, 8:29 am
I should also say that I tend to agree with one of the underlying ideas at Lawfare, as I understand their project, and that Harvard Law Professor Mark Tushnet has also made: “liberals” and “conservatives” are often talking past each other on questions of national security, and there is a need to reshift the conversation, and get beyond partisan and left/right divides.The most essential point is methodological (and if you’re looking for the direct… [read post]
26 Aug 2022, 7:23 am by Eric Goldman
In a different case involving Zoominfo, Rebecca Tushnet and Mark Lemley will be filing an amicus brief on this point. [read post]
3 May 2010, 11:16 am by GiovannaShay
This is another example of the important role of corrections regulations, and their potential to mitigate the effects of what Mark Tushnet and Larry Yackle described as a "symoblic statute," the PLRA. [read post]
12 Oct 2011, 10:52 am by Conor McEvily
Also at this blog, Rebecca Tushnet discusses the oral argument in Golan v. [read post]
21 Mar 2008, 7:05 pm
"  (He begins with Mark Tushnet's 1985 sharp quote, "Conservative constitutional theory might be interesting, but it isn't. [read post]