Search for: "Mark Tushnet"
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4 Apr 2014, 12:03 pm
This is preclusion, or as Mark McKenna has called it, channeling. [read post]
18 Apr 2015, 11:05 am
IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon) Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, song, video games. [read post]
9 Apr 2021, 9:53 pm
Not Mark Tushnet. [read post]
3 Oct 2011, 7:41 am
I must thank them by name: Mark Tushnet, Anuj Desai, Joe Blocher, Rick Garnett and Nelson Tebbe (who together organized the conference), John Inazu, Randy Kozel, Fred Gedicks, and, although he couldn't make it at the last minute, Paul Schiff Berman. [read post]
6 Jun 2023, 2:15 pm
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (2020). [read post]
24 Feb 2009, 11:50 pm
Even when courts are silent, elected officials always act under what Mark Tushnet describes as a "judicial overhang. [read post]
23 Dec 2009, 12:39 pm
(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]
14 Feb 2012, 8:39 am
As Mark Tushnet has argued, there is no rhyme or reason to when courts treat private property as public law. [read post]
26 Mar 2020, 12:42 pm
referer=&httpsredir=1&article=1275&context=caselrev Mark Tushnet, “Law and Prudence in the law of Judiciability: The Transformation and Disappearance of the Political Question Doctrine, North Carolina Law Review (2002), https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi? [read post]
11 Jul 2012, 5:41 am
: "Twitter Rolls Out New Mobile Apps for iOS and Android" http://pjblack.me/LO5nKn this ban really is outrageous: "Qld journos fight filming ban" http://pjblack.me/MhZb1K #lwb480 #kkb175 a good piece from mark tushnet: "Being 'Good' at Picking Judges" http://pjblack.me/RLgEyo from the @NewYorker: "In Defense of Cursive: Reading the Declaration of Independence" http://pjblack.me/PDWqZZ a critical… [read post]
23 Oct 2023, 7:08 am
In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
1 Oct 2022, 6:15 am
" -- Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School"Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. [read post]
26 Aug 2022, 7:23 am
In a different case involving Zoominfo, Rebecca Tushnet and Mark Lemley will be filing an amicus brief on this point. [read post]
22 Aug 2020, 8:21 am
Maybe Rebecca Tushnet will weigh in). [read post]
9 Jul 2019, 7:48 am
Loeb University Professor, Harvard Law School Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School Adam Winkler, Professor of Law, UCLA School of Law Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law [read post]
13 Jul 2012, 3:22 pm
UPDATE: Eric Goldman (of course); Tushnet; Masnick. [read post]
7 Feb 2012, 2:11 pm
There are some important efforts to rethink wartime, including Harvard Law Professor Mark Tushnet’s argument that we should think of contemporary war as an ongoing condition, not a confined wartime, and some of the work on the idea of a “long war. [read post]
6 Mar 2024, 3:00 am
Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin even called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
17 Feb 2012, 8:29 am
I should also say that I tend to agree with one of the underlying ideas at Lawfare, as I understand their project, and that Harvard Law Professor Mark Tushnet has also made: “liberals” and “conservatives” are often talking past each other on questions of national security, and there is a need to reshift the conversation, and get beyond partisan and left/right divides.The most essential point is methodological (and if you’re looking for the direct… [read post]
1 Jun 2017, 4:23 am
” At Balkinization, Mark Tushnet cites reports that the “Trump administration will soon ask the Supreme Court to stay the Fourth Circuit’s order upholding the nationwide injunction against the so-called travel ban”; he notes that “the Supreme Court certainly has the power to stay the Fourth Circuit’s decision [modify the underlying injunction] on the Court’s own understanding — or determination — that the government can resume… [read post]
