Search for: "Mark Tushnet"
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10 Feb 2012, 2:02 pm
Can she disaffirm years later, even if the mark is incontestable? [read post]
13 Apr 2012, 1:01 pm
Rebecca Tushnet, Georgetown Law Cribbing largely from the amicus brief I helped write: There are instances when consumers have preferences that cannot be reduced to scientific quantification of performance (“utility”), but are real marketplace constraints nonetheless. [read post]
23 Apr 2012, 5:36 am
Kur: “used as a mark” can al [read post]
17 Jan 2023, 6:30 am
One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
2 Jul 2019, 5:38 am
To borrow a phrase from Mark Tushnet, his theory can be viewed as a type of defensive crouch constitutionalism. [read post]
18 Jan 2023, 5:00 am
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
6 Oct 2018, 7:50 am
The fight over the Kavanaugh appointment exemplifies our country's advanced case of constitutional rot. [read post]
29 Jun 2023, 6:30 am
That continuum is sometimes described by the language of “strong-form” and “weak-form” judicial review, as Mark Tushnet, Rosalind Dixon, and many other comparative constitutional scholars suggest. [read post]
16 Feb 2024, 6:30 am
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
28 Sep 2021, 6:30 am
For the Balkinization symposium on Rosalind Dixon and David Landau, Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford University Press, 2021).Rosalind Dixon and David LandauWe are deeply grateful to Kim Lane Scheppele, Oren Tamir, Sam Issacharoff, and Alvin Cheung for so generously and carefully engaging with our work, both at an earlier event at ICON-S and in Balkinization. [read post]
28 Jan 2020, 1:15 pm
As America’s longest-serving member of Congress once said, “I'll let you write the substance … and you let me write the procedure, and I'll screw you every time. [read post]
14 Jun 2021, 10:31 am
Rebecca Tushnet Slides. [read post]
21 Mar 2011, 3:00 am
For the Constitution in 2020 conference on The Future of Equality.Michael ParisEveryone knows that school desegregation is dead. [read post]
3 Apr 2007, 5:25 am
Protection for more than one mark per brand - product name, but not slogan or multiple slogans. [read post]
14 Sep 2019, 6:35 pm
These attempts, one at direct popular affirmation of leadership policies, and the other an institutionalized system for popular consultation, emerged in new forms after 2011 and have found their most complete expression in the complex processes of popular consultation and popular affirmation that marked the Cuban constitutional reform process of 2018-2019. [read post]
21 Jan 2011, 1:18 pm
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]
23 Dec 2022, 10:00 am
On September 14, the Law Library held its annual Constitution Day event, which featured Harvard Law School Professor Mark V. [read post]
7 Jul 2012, 10:16 am
Louis University Hollee Temple holleeinbalance West Virginia David Thomson dicthomson Denver Beth Thornburg btSMU SMU Jonathan Turley JonathanTurley George Washington Rebecca Tushnet rtushnet Georgetown Christopher Tyson chrisjtyson Louisiana State Barbara van Schewick vanschewick Stanford Steve Vladeck steve_vladeck American David Wagner david_m_wagner Regent Polk Wagner PolkWagner Penn Ari Ezra Waldman ariezrawaldman Cal Western Kimberlee Weatherall kim_weatherall… [read post]
15 Mar 2009, 1:15 pm
I guess this is a mark of how serious the big issues are). [read post]
21 Feb 2014, 4:00 am
There are positions about violating the law that it is not “professionally respectable to assert” (Milan Markovic, “Advising Clients After Critical Legal Studies and the Torture Memos” (2011-12) 114 W Va L Rev 109 at 152, citing Mark Tushnet). [read post]
