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12 Oct 2020, 8:05 pm by Marty Lederman
  As Mark writes, “[t]he article’s arguments are complex and subtle, and the confirmation process is ill-suited to addressing arguments of that sort. [read post]
29 Aug 2008, 1:25 pm
– Discussion of IPFrontline.com article ‘Understanding Intellectual Property Value’: (IP finance), How to make sure your IP strategy plan is not doomed to failure: (IP Asset Maximizer Blog) Improve venture capital returns with IP portfolio management: (Ezine @rticles)   Global - Trade Marks / Domain Names / Brands Trade mark strategy – counterintuitive names: (IP Thinktank), ICANN Intellectual Property Constituency paper on sunrise… [read post]
8 Nov 2010, 8:43 am by Rebecca Tushnet
Rebecca Tushnet, Georgetown Law One story to tell about unbranding is that it’s about heads I win, tails you lose: the companies that want to use our credit and browsing histories to decide about us, and who tell us that to walk away from an underwater mortgage is immoral, want to be able to walk away from their own reputations whenever that would benefit them by making it harder for us to figure out who they are. [read post]
10 Feb 2012, 2:02 pm by Rebecca Tushnet
  Can she disaffirm years later, even if the mark is incontestable? [read post]
13 Apr 2012, 1:01 pm by Rebecca Tushnet
Rebecca Tushnet, Georgetown Law Cribbing largely from the amicus brief I helped write: There are instances when consumers have preferences that cannot be reduced to scientific quantification of performance (“utility”), but are real marketplace constraints nonetheless. [read post]
23 Apr 2012, 5:36 am by Rebecca Tushnet
Kur: “used as a mark” can al [read post]
6 Oct 2018, 7:50 am by JB
The fight over the Kavanaugh appointment exemplifies our country's advanced case of constitutional rot. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
28 Sep 2021, 6:30 am by Guest Blogger
For the Balkinization symposium on Rosalind Dixon and David Landau, Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford University Press, 2021).Rosalind Dixon and David LandauWe are deeply grateful to Kim Lane Scheppele, Oren Tamir, Sam Issacharoff, and Alvin Cheung for so generously and carefully engaging with our work, both at an earlier event at ICON-S and in Balkinization. [read post]
17 Jan 2023, 6:30 am by Guest Blogger
  One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
2 Jul 2019, 5:38 am by John Mikhail
  To borrow a phrase from Mark Tushnet, his theory can be viewed as a type of defensive crouch constitutionalism. [read post]
18 Jan 2023, 5:00 am by Michael C. Dorf
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
28 Jan 2020, 1:15 pm by Evelyn Douek
As America’s longest-serving member of Congress once said, “I'll let you write the substance … and you let me write the procedure, and I'll screw you every time. [read post]
29 Jun 2023, 6:30 am by Guest Blogger
  That continuum is sometimes described by the language of “strong-form” and “weak-form” judicial review, as Mark Tushnet, Rosalind Dixon, and many other comparative constitutional scholars suggest. [read post]
21 Mar 2011, 3:00 am by Guest Blogger
For the Constitution in 2020 conference on The Future of Equality.Michael ParisEveryone knows that school desegregation is dead. [read post]
3 Apr 2007, 5:25 am
Protection for more than one mark per brand - product name, but not slogan or multiple slogans. [read post]
14 Sep 2019, 6:35 pm
These attempts, one at direct popular affirmation of leadership policies, and the other an institutionalized system for popular consultation, emerged in new forms after 2011 and have found their most complete expression in the complex processes of popular consultation and popular affirmation that marked the Cuban constitutional reform process of 2018-2019. [read post]
21 Jan 2011, 1:18 pm by Alfred Brophy
Friedman, Notes toward a Sociology of Human Rights 25 Mark Tushnet, The Warren Court and the Limits of Justice  26 Elizabeth Borgwardt, “Constitutionalizing” Human Rights: The Rise and Rise of the Nuremberg Principles PART V THE PAST AND FUTURE OF LEGAL HISTORY 27 Yochai Benkler, Transformations in the Digitally Networked Environment  28 Sanford Levinson and Jack M. [read post]
23 Dec 2022, 10:00 am by Kelly Goles
On September 14, the Law Library held its annual Constitution Day event, which featured Harvard Law School Professor Mark V. [read post]