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19 Apr 2010, 12:40 pm by Paul Horwitz
 Two of the most interesting responses were from Mark Tushnet and Jonathan Adler, although I agree much more with Tushnet than Adler. [read post]
18 Apr 2010, 10:01 am by Rebecca Tushnet
Nominative fair use could work this way as Tushnet suggests, though he has his doubts about whether the third factor can be maintained independent of a confusion inquiry. [read post]
18 Apr 2010, 6:40 am by Jonathan H. Adler
Adler) At Balkinization, Mark Tushnet makes an important point about the relative lack of liberal icons on the short list to replace Justice Stevens: It’s early in President Obama’s term. [read post]
17 Apr 2010, 3:00 am by Rebecca Tushnet
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]
16 Apr 2010, 8:11 am by Mark Graber
The State of the Union may demonstrate a new willingness to play “constitutional hardball” with Republicans (see Mark Tushnet's piece in Minnesota). [read post]
12 Apr 2010, 7:54 am by anna su
Mark Tushnet now suggests that not only President Obama appoint another Protestant to the Supreme Court to replace Justice Stevens but to appoint an openly gay one. [read post]
8 Apr 2010, 6:37 am by Erin Miller
” Harvard Law Professor Mark Tushnet tells the Harvard Crimson that, if Elena Kagan is nominated for the Court, Republicans may use her opposition to the Solomon Amendment as a “talking point” and draw attention to her lack of experience as a judge. [read post]
27 Mar 2010, 2:21 pm by Paul Horwitz
I greatly enjoy and emulate much of Mark Tushnet's writing. [read post]
23 Mar 2010, 4:49 am by Alfred Brophy
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 Mar 2010, 6:45 am by Jay Willis
  At the ACS Blog, Mark Tushnet predicts that the Court will rule in the petitioners’ favor – an outcome that, he opines, casts doubt on the consistency of Republican deference to federalism in other policy areas. [read post]
12 Feb 2010, 5:00 am by J. Robert Brown
  Mark Tushnet at Harvard had this to say: Requiring shareholders to approve a general power in the corporation to spend money on campaigns probably wouldn't accomplish much. [read post]
4 Feb 2010, 7:35 am by Erin Miller
”  His biographer Mark Tushnet credits the draft, after it was reshaped a bit, with convincing Blackmun to join the Justices who voted to uphold some forms of affirmative action. [read post]
31 Jan 2010, 4:29 pm by Lawrence Solum
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
27 Jan 2010, 3:40 pm by Daniel Solove
Teles, The Rise of the Conservative Legal Movement: The Battle for Control of the Law * Mark Tushnet, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law Feel free to propose a review of any of the above books or any other recent books in Princeton University Press's catalog. [read post]
26 Jan 2010, 11:31 am by Sandy Levinson
This is, of course, why the filibuster has become so pernicious, since, as Mark Tushnet has noted, it has almost literally nothing to do with genuine differences over policy and everything to do with destroying the ability of the president to implement any of his agenda, including even making appointments to the Executive Branch. [read post]
14 Jan 2010, 12:09 pm by aallwash
Mark your calendars for January 2011 for next year’s event. [read post]
7 Jan 2010, 5:26 am by Walter Olson
Coverage: George Best and Jeffrey Simmons/Foley & Lardner, Robert Matthews, Jr., Patently-O, Rebecca Tushnet and more, Patent Prospector. [read post]
4 Jan 2010, 2:37 pm by Dennis Crouch
" Links Discussion of the District Court Decision; Professor Tushnet; Professor Winston's Article; Pequignot v. [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]
23 Dec 2009, 12:39 pm by Marvin Ammori
(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]