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3 Mar 2008, 2:35 pm
  This vision may not have given rise to a "constitutional moment" that changed the trajectory of American in the way that Reconstruction or the New Deal did, but it did effect something of a "New Constitutional Order," to use Mark Tushnet's phrasing. [read post]
17 Mar 2008, 3:15 pm
But as Mark Tushnet's terrific, concise volume demonstrates, they don't. [read post]
2 May 2008, 3:21 pm
  (That is one of the reasons why Mark Tushnet was unwilling to commit the AALS to joining the law schools in litigating the Solomon Amendment when he was that body's president; he was right.) [read post]
11 Nov 2007, 9:50 am
Jackson, (Georgetown) at an symposium honoring the work of Mark Tushnet (Harvard) at Quinnipiac University this fall. [read post]
3 May 2010, 11:16 am by GiovannaShay
This is another example of the important role of corrections regulations, and their potential to mitigate the effects of what Mark Tushnet and Larry Yackle described as a "symoblic statute," the PLRA. [read post]
5 Feb 2012, 9:53 am by Mary L. Dudziak
There are some important efforts to rethink wartime, including 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]
3 May 2007, 8:12 pm
.- much of the academic work has been in this position, including, eg, Mark Tushnet's very fine writing on these issues, Vicki Jackson's work, and much of the directly historical work on the citation practices of the Court from Marshall onwards. [read post]
2 Mar 2010, 6:45 am by Jay Willis
  At the ACS Blog, Mark Tushnet predicts that the Court will rule in the petitioners’ favor – an outcome that, he opines, casts doubt on the consistency of Republican deference to federalism in other policy areas. [read post]
26 May 2010, 6:46 am by Adam Chandler
At Balkinization, Mark Tushnet gives three “inside baseball” observations on Graham v. [read post]
12 Oct 2011, 10:52 am by Conor McEvily
Also at this blog, Rebecca Tushnet discusses the oral argument in Golan v. [read post]
21 Mar 2008, 7:05 pm
"  (He begins with Mark Tushnet's 1985 sharp quote, "Conservative constitutional theory might be interesting, but it isn't. [read post]
9 Aug 2012, 4:00 pm by Rebecca Tushnet
  Likely confusion test also considers strength of the mark: if there are a lot of similar marks in the same space you may not have a very strong mark. [read post]
6 Apr 2023, 10:36 am by Dennis Crouch
Todd Herreman, Loren Mulraine, Christopher Newman, Eric Priest, Mark F. [read post]
12 Mar 2018, 9:57 am by Michael Madison
” (Mark Tushnet, Harvard University) “An important first step is taking stock of our core values. [read post]
18 Jul 2008, 8:34 am
: (Patent Circle), Tanzania to conduct study on impact of counterfeit medicines: (Afro-IP), US: New rules on generic biological medicines under US Congressional debate: (Intellectual Property Watch), Pharma & Biotech - Products Acular (Ketorolac) – US: CAFC rules against Apotex reverse doctrine of equivalents: Roche Palo Alto & Allergan, Inc v Apotex: (Patent Circle), Carbatrol (Carbamazapine) – US: Federal judge allows Corepharma to seek DJ that its application… [read post]
8 Aug 2018, 8:16 am by Eric Goldman
As one court recently summarized: Virtually no court has held that, on its own, a defendant’s purchase of a plaintiff’s mark as a keyword term is sufficient for liability. [read post]
In a recent posting, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: There’s another case that I think is easy one way, although I know lots of people who think it’s easy in just the opposite way: when a raucous crowd shouts down the speaker. [read post]
8 Feb 2014, 12:18 pm by Rebecca Tushnet
Session 2: First AmendmentT.J. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
Lemley/Tushnet discuss some possibilities. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
Fortunately, identifying the Lanham Act’s zone of interests is easy, because of the “unusual, and extraordinarily helpful,” detailed statement of the statute’s purposes in §1127: The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to… [read post]