Search for: "Mark Tushnet"
Results 821 - 840
of 879
Sorted by Relevance
|
Sort by Date
31 Jan 2010, 4:29 pm
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
22 May 2011, 2:36 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
10 Apr 2023, 9:00 pm
For example, in a posting a few years back, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: [W]hen a raucous crowd shouts down the speaker. [read post]
8 Dec 2021, 5:21 am
At the same time it is a reminder that constitutional systems, however incompatible, share a core characteristic--the institution of legitimacy framing principles and rules, of conceptual and policy taboos--that mark the difference between systems for the unimpeded exercise of discretion, from those that are bounded (strictly at least in theory) by the normative and rule constraints that reflect their fundamental character (discussed in From Constitution to Constitutionalism). [read post]
19 Feb 2022, 11:14 am
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the Lanham… [read post]
18 Apr 2010, 10:01 am
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]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
26 Nov 2018, 10:20 am
The Value of Bidding on Keywords Containing 1-8oo Contacts’ Marks The dissent repeats several times that 1-800 Contacts’ settlement agreements restricted only one form of advertising, leaving open many other advertising channels. [read post]
9 Aug 2012, 10:43 am
INTA ran a panel this year about how to assert copyright in one’s marks to get more rights than would otherwise be available by mere confusion or even dilution alone. [read post]
8 Nov 2021, 8:26 am
Pix Credit HERE Sometimes it is important to take a step back and reconsider the basics. [read post]
14 Nov 2016, 6:16 am
Embedded in the file is the Sound Choice mark. [read post]
10 Oct 2024, 6:31 pm
Pix Credit here I am delighted to circulate a rough discussion draft I have prepared in anticipation of its first presentation at a conference organized by the remarkable Martin Belov, Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. [read post]
31 Aug 2010, 5:00 pm
Freeing Speech: The Constitutional War Over National Security, by John Denvir. [read post]
28 Sep 2008, 9:58 pm
I believe Mark Tushnet in a recent book concludes that the historical argument between these two points of view is close. [read post]
9 Nov 2011, 7:56 am
Barton Beebe, NYU, Aesthetic Progress and Intellectual Property LawWhat is the aesthetic? [read post]
25 Apr 2018, 12:32 pm
Although I agree with Mark Tushnet that institutional pluralism is needed, I worry that we often reinvent wheels separately without learning from one another. [read post]
26 Aug 2022, 6:37 am
This new article of mine will be coming out next year in the Journal of Law and Religion, and I thought I'd serialize it here; there's still plenty of time for editing, so I'd love to hear people's feedback. [read post]
16 Apr 2014, 9:06 am
Chris Newman is a former Kozinski clerk and co-author, so I suspect Kozinski will consider this brief with extra interest. 21 other law professors signed this brief, including many friends such as Rebecca Tushnet and Mark Lemley. [read post]
13 Sep 2010, 5:11 am
Madison, 5 U.S. (1 Cranch) 137 (1803); Barry Friedman, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution 62-63 (2009) (giving the conventional view of Marbury); Mark Tushnet, Constitutional Hardball, 37 J. [read post]
17 Sep 2010, 8:55 am
Sandy’s book anticipates Mark Tushnet's populist constitutionalism, developed in his 1999 book, Taking the Constitution Away from the Courts, popular constitutionalism, articulated in Larry Kramer's important 2004 history, The People Themselves: Popular Constitutionalism and Judicial Review, and a wide range of people writing in the genre of what is now called "the Constitution outside the courts. [read post]
