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4 Mar 2009, 7:44 am
AUTHOR Tushnet, Mark V., 1945- TITLE The constitution of the United States of America : a contextual analysis / Mark Tushnet. [read post]
20 Jan 2023, 6:30 am
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]
4 Apr 2014, 12:03 pm
This is preclusion, or as Mark McKenna has called it, channeling. [read post]
18 Apr 2015, 11:05 am
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]
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]
1 Jun 2017, 4:23 am
” At Balkinization, Mark Tushnet cites reports that the “Trump administration will soon ask the Supreme Court to stay the Fourth Circuit’s order upholding the nationwide injunction against the so-called travel ban”; he notes that “the Supreme Court certainly has the power to stay the Fourth Circuit’s decision [modify the underlying injunction] on the Court’s own understanding — or determination — that the government can resume… [read post]
3 Mar 2008, 2:35 pm
This vision may not have given rise to a "constitutional moment" that changed the trajectory of American in the way that Reconstruction or the New Deal did, but it did effect something of a "New Constitutional Order," to use Mark Tushnet's phrasing. [read post]
17 Mar 2008, 3:15 pm
But as Mark Tushnet's terrific, concise volume demonstrates, they don't. [read post]
2 May 2008, 3:21 pm
(That is one of the reasons why Mark Tushnet was unwilling to commit the AALS to joining the law schools in litigating the Solomon Amendment when he was that body's president; he was right.) [read post]
3 May 2010, 11:16 am
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]
6 Jun 2023, 2:15 pm
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (2020). [read post]
26 Mar 2020, 12:42 pm
referer=&httpsredir=1&article=1275&context=caselrev Mark Tushnet, “Law and Prudence in the law of Judiciability: The Transformation and Disappearance of the Political Question Doctrine, North Carolina Law Review (2002), https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi? [read post]
12 Oct 2011, 10:52 am
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]
24 Feb 2009, 11:50 pm
Even when courts are silent, elected officials always act under what Mark Tushnet describes as a "judicial overhang. [read post]
23 Dec 2009, 12:39 pm
(Some scholars have demonstrated how media ownership and media access cases inform First Amendment theory, like Jack, Ed Baker, Yochai Benkler, Monroe Price, and Mark Tushnet.) [read post]
14 Feb 2012, 8:39 am
As Mark Tushnet has argued, there is no rhyme or reason to when courts treat private property as public law. [read post]
11 Jul 2012, 5:41 am
: "Twitter Rolls Out New Mobile Apps for iOS and Android" http://pjblack.me/LO5nKn this ban really is outrageous: "Qld journos fight filming ban" http://pjblack.me/MhZb1K #lwb480 #kkb175 a good piece from mark tushnet: "Being 'Good' at Picking Judges" http://pjblack.me/RLgEyo from the @NewYorker: "In Defense of Cursive: Reading the Declaration of Independence" http://pjblack.me/PDWqZZ a critical… [read post]
23 Oct 2023, 7:08 am
In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
1 Oct 2022, 6:15 am
" -- Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School"Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. [read post]
