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10 Feb 2009, 4:45 am
Mark Tushnet (Harvard University - Harvard Law School) has posted Constitutional Workarounds (Texas Law Review, Vol. 87, 2009) on SSRN. [read post]
7 Feb 2009, 10:35 am
" -- Mark Tushnet, Harvard Law School [read post]
6 Feb 2009, 1:39 pm
  Robert Bork is cited frequently, but not as frequently as Archibald Cox, and Mark Tushnet outpaces Laurence Tribe. [read post]
6 Feb 2009, 4:00 am
Sears, Roebuck & Co (Internet Cases)   US Patents – Decisions District Court N D California orders stay in patent infringement case filed by Rambus against Micron, Samsung and Nanya (IP Watchdog) (Law360) District Court N D California: Judge denies Hynix bid to revisit Rambus ruling (Law360)   US Patents – Lawsuits and strategic steps Cisco Systems – Teles accuses Cisco of infringing newly issued patent relating to transmission of… [read post]
4 Feb 2009, 12:50 pm
Explains Professor Mark Tushnet: Tushnet cited a 2004 Supreme Court case in which a Washington student lost a college scholarship awarded by the state after it was revealed that he planned to pursue a degree in pastoral ministries. [read post]
30 Jan 2009, 6:00 pm
(Ars Technica) Battle between software patents and open source (IP Watchdog)   US Patents – Decisions District Court E D Texas: Jury finds in favour of Limelight on ongoing battle with Level 3 Communication over patents covering internet content delivery network technology (Law360) USPTO overturns patent for virtual subdomains filed by Ideaflood (Ars Technica)   US Patents – Lawsuits and strategic steps Bilski - Bilski petitions the Supreme Court to decide… [read post]
16 Jan 2009, 5:00 am
(Techdirt)   US Trade Marks 2009 Law360 Litigation Almanac: Internet is star witness in today’s trade mark law (Law360)   US Patents Digital music streaming obvious to EFF? [read post]
3 Jan 2009, 2:01 am
His argument is similar to that offered by Akhil Amar and Josh Chafetz, Mark Tushnet, and me. [read post]
1 Jan 2009, 8:36 am
I truly regret to report that I am unpersuaded by the arguments made by my friends and usual compatriots Jack Balkin, Mark Tushnet, and Akhil Amar (I don't know Josh Chafetz, the co-author of the Slate article defending the Senate's prerogative to refuse to seat Burris). [read post]
1 Jan 2009, 8:23 am
See also additional analysis by Lyle Denniston, Jack Balkin, Mark Tushnet, and Akhil Amar and Josh Chafetz.... [read post]
31 Dec 2008, 12:11 am
What I do believe is that the Senate may have more options in this case than one might think.UPDATE: Akhil Amar and Josh Chafetz over at Slate reach conclusions similar to mine by a different route: They point out (as does Mark Tushnet) that the Senate is also the judge of the "return" which, in this case, means the report of an appointment. [read post]
24 Dec 2008, 4:36 pm
Mary Dudziak has some interesting comments on Mark Tushnet's review of Steven Teles's book, The Rise of the Conservative Legal Movement--scroll down to the immediately prior post. [read post]
24 Dec 2008, 9:32 am
Mark Tushnet, Harvard Law School, has posted What Consequences Do Ideas Have? [read post]
24 Dec 2008, 8:30 am
Mark Tushnet, Harvard Law School, has posted What Consequences Do Ideas Have? [read post]
24 Dec 2008, 6:38 am
Mark Tushnet (Harvard University - Harvard Law School) has posted What Consequences Do Ideas Have? [read post]
22 Dec 2008, 4:28 pm
Mark Tushnet (Harvard University - Harvard Law School) has posted The Inevitable Globalization of Constitutional Law (Hague Institute for the Internationalization of Law) on SSRN. [read post]
20 Dec 2008, 3:00 am
(IP Dragon) Columbia Sportswear successful in reducing counterfeits in China (IP Dragon) Shenyang Intermediate People’s Court orders New Apple Concept Technology to pay Apple 400,000 Yuan in damages for trade mark infringement and unfair competition (DeBund) 2386 IPR cases dealt with by Culture Administrations in Q3 (DeBund) Well-known trade marks can be recognised on basis of the products’ sales volumes (DeBund) Judicial Criteria for copyright cases (part 2)… [read post]
20 Dec 2008, 2:00 am
’ won’t stave off MPAA lawyers – copyright infringement lawsuits launched against campusist.com, movies-on-demand.tv and sswarez.com (Ars Technica) (WIRED) Record labels disobey court order on how student info can be used (Techdirt) RIAA just keeps on suing students: conversation at the end of a gun barrel – Discussion of labels’ collective licensing on campus proposal (Techdirt) New York governor proposes taxing downloads (ContentAgenda)… [read post]
16 Dec 2008, 11:40 pm
I have just written a 16-page chapter, "Regulation of Campaign Finance," in Vik Amar and Mark Tushnet's Global Perspectives on Constitutional Law (Oxford University Press (2009) (now available). [read post]
6 Dec 2008, 12:22 pm
Mark Tushnet has coined the term "the lawyer [or law professor] as astrophysicist" to describe the their pretensions to understand very complex bodies of thought after relatively minimal study.What I find disturbing, though, and therefore worth this otherwise self-indulgent posting, is Justice Alito's apparent unwillingness to mention Jack Rakove's post on this site, tellingly titled "Thoughts on Heller from a "Real Historian," that states, among… [read post]