Search for: "Mark Tushnet"
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17 Dec 2011, 9:36 am
" Among the scholars cited there are Erwin Chemerinsky, Saul Cornell, Don Fehrenbacher, Robert George, Mark Graber, Daniel Hamilton, Morton Horwitz, Daniel Hulsebosch, Frank Michelman, Chris Tomlins, Mark Tushnet, Robin West, and Gordon Wood. [read post]
2 Jun 2017, 4:33 am
At Balkinization, Mark Tushnet observes that the government’s requests provide the court with an “easy out”: Grant the stay of the Hawaii injunction, thereby allowing the government to proceed with its internal review of screening procedures, deny the stay of the Fourth Circuit injunction, and do whatever the heck they want about the petition for certiorari …, but set the argument for the fall,” when the “case will … almost certainly be… [read post]
1 Mar 2013, 6:15 am
Additional commentary comes from the editorial board of The New York Times, Mark Tushnet at Balkinization, and Miranda Leitsinger at NBC News. [read post]
7 May 2014, 8:36 pm
(Mark Tushnet has a post raising similar questions.) [read post]
Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism
15 Sep 2021, 4:30 am
In this sense, as Mark Tushnet likes to say, "law is politics all the way down," at least in the constitutional sphere, where so many of us reside. [read post]
31 Dec 2023, 9:43 am
¿Dworkin, Waldron o Mark Tushnet? [read post]
11 Sep 2019, 6:30 am
Lee, The Workplace Constitution: From the New Deal to the New Right (2014); Mark Tushnet, Taking the Constitution Away from the Courts (1999); Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise (2016); Sotirios A. [read post]
19 Sep 2022, 6:30 am
This post was prepared for a roundtable on Comparative Constitutional Design, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
22 Oct 2020, 11:25 am
When Dave Pozen and I wrote our article two years ago on asymmetric constitutional hardball (building on the important and ongoing work by Mark Tushnet), our bottom line was that the constitutional hardball we observe is reciprocal but not symmetrical. [read post]
14 Aug 2022, 9:30 pm
” The students had already read a note, drawing heavily upon Mark Tushnet’s Making Civil Rights Law, on Corrigan v. [read post]
4 Jun 2018, 8:27 am
Trademark: the right to preserve the mark against disparagement, dilution. [read post]
1 Feb 2017, 11:50 am
But it was a case of what Mark Tushnet calls “constitutional hardball,” indeed hardball pushed to an extreme level—a level at which the game itself may fall apart. [read post]
14 Nov 2018, 4:07 pm
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
28 Jan 2024, 6:26 am
[1] My fellow Balkinization blogger Mark Tushnet has suggested, and amici Akhil and Vik Amar have argued, that the Court should opt for a fourth option—namely, to affirm the legality of Colorado’s refusal to place Trump’s name on the primary election ballot without deciding the substantive question of his eligibility to be President. [read post]
14 Nov 2018, 4:07 pm
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
4 May 2023, 4:00 am
The list included Eugene Volokh, Ilya Somin, Jonathan Adler, Mike Dorf, Pam Karlan, and Mark Tushnet, among many others. [read post]
27 Sep 2023, 8:00 am
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Constitutional law commentaries regularly include references to foreign law. [read post]
25 Feb 2019, 6:51 am
As I tweeted in June: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about the Internet’s potential as a dynamic, open & innovative platform #FOSTA #GDPR #CCPA — Eric Goldman (@ericgoldman) June 29, 2018 If you can’t read it: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about… [read post]
28 Sep 2007, 8:10 am
Full constitutional protection for commercial speech would mark an even bigger change. [read post]
14 Jul 2010, 2:08 pm
More comments from Rebecca Tushnet (smart and challenging, as always—especially about the numerous empirical deficiencies in the opinion), Ryan Gile and Tom O’Toole. [read post]
