Search for: "Mark Tushnet"
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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]
30 Jul 2012, 5:00 am
Schneider Agricultural Law & LLM Program in Agricultural and Food Law Barry Law M Marc Edelman Sports Law Blog Baylor M Mark W. [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]
14 Nov 2016, 6:16 am
Embedded in the file is the Sound Choice mark. [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]
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]
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]
31 Aug 2010, 5:00 pm
Freeing Speech: The Constitutional War Over National Security, by John Denvir. [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]
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]
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]
30 Apr 2016, 12:10 pm
First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer Information LibertarianismPresenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech. [read post]
19 Aug 2015, 7:30 am
One of the first things one learns about with regard to the deftness of rabbis in engaging in what Mark Tushnet and others would today call “workarounds” regarding halachic precepts is the creation of the prosbul by Rabbi Hillel, which in effect allowed the practical negation of the Jubilee Year precept. [read post]
14 Jun 2019, 11:01 am
Harmless Free Riding by Wendy Gordon, Boston University School of Law (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives)Common law imposes penalties on those who harm much more readily than it requires people to avoid benefiting without payment; very few duties to help and lots of duties not to harm. [read post]
14 Feb 2020, 9:52 am
Cox is a good case: they failed to enforce even a toothless repeat infringer policy.Professor Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law SchoolDownload TestimonyI would like to start with some perhaps surprising numbers that illustrate what §512 has meant for creativity and innovation online. [read post]
2 Feb 2024, 2:56 pm
Mark Lemley: a surprising number of your examples involved women. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
8 Aug 2024, 11:11 am
Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. [read post]
