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20 May 2010, 10:51 am
Many of today's liberal law professors (he cites Mark Tushnet, Robert Post, and Larry Kramer) have shifted to the popular constitutionalism movement, arguing that courts should stay out of the judicial-review business--a theoretical position that would not play well for a judicial nominee. [read post]
23 Mar 2010, 4:49 am
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]
2 Apr 2012, 1:50 pm
(I would put Mark Tushnet’s posts in this category.) [read post]
31 Dec 2008, 12:11 am
What I do believe is that the Senate may have more options in this case than one might think.UPDATE: Akhil Amar and Josh Chafetz over at Slate reach conclusions similar to mine by a different route: They point out (as does Mark Tushnet) that the Senate is also the judge of the "return" which, in this case, means the report of an appointment. [read post]
19 Mar 2008, 9:20 am
Indeed, the best recent academic work (by people like Adrian Vermeule, Jeremy Waldron, Mark Tushnet, Cass Sunstein, and Larry Kramer) points out the thin moral, political, institutional, and historical basis for judicial supremacy, and urges the justices to abandon judicial review altogether or radically limit it. [read post]
2 Jun 2017, 3:42 pm
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
2 Apr 2012, 8:21 am
(I would put Mark Tushnet's posts in this category.) [read post]
24 May 2012, 6:33 am
.” Over at Balkinization, Mark Tushnet argues that conservative commentators are preparing to argue that any decision upholding the mandate was tainted by politics. [read post]
12 May 2010, 4:10 pm
Posner is surely the only judge who's ever written a major book entitled "Overcoming Law," another book much worth discussing, as are recent books written by such denizens of the Harvard faculty as Laurence Tribe, Charles Fried, Adrian Vermeule, Mark Tushnet, and Jack Goldsmith, the last three of whom were hired during her Deanship. [read post]
18 Oct 2011, 7:44 am
I also recommend the pieces on this issue by Mark Tushnet and Chicago law student Josh Parker. [read post]
12 Aug 2023, 6:15 am
”―Mark Tushnet, Harvard Law School, author of Taking Back the Constitution [read post]
23 Dec 2016, 1:24 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]
27 Oct 2020, 11:57 am
Mark Lemley, Marc McKenna, Joseph Scott Miller, Jennifer Rothman, Rebecca Tushnet, and me. [read post]
15 Jun 2011, 4:35 am
” (Also at Balkinization, Mark Tushnet highlights a passage from Justice Scalia’s majority opinion that he describes as “approach[ing] elegance. [read post]
20 Oct 2011, 7:18 am
As Balkin and others have noted, the Tea Party has been successful at taking some claims that seemed “off the wall” and putting them, as Mark Tushnet perhaps more appropriately suggests, “on the table. [read post]
28 Jan 2019, 2:16 pm
Fogelson (2005) Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 by Mark V. [read post]
1 Aug 2011, 6:22 am
Balkin’s perspective is positioned with the leanings of scholars like Mark Tushnet, , Sanford Levinson, William Eskridge, and Larry Kramer, who regard social and political movements to be important actors for “shifting the boundaries” of what are considered to be reasonable and plausible alternatives to existing inequalities. [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]
22 Mar 2019, 10:03 am
The complaint appears to address only the word and logo marks. [read post]
17 Sep 2013, 7:56 am
Mark Tushnet has joined the historical and legal lines of literature on non-judicial views of the Constitution in his response to a lot of the early critiques of Kramer. [read post]
