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21 Feb 2014, 4:00 am
There are positions about violating the law that it is not “professionally respectable to assert” (Milan Markovic, “Advising Clients After Critical Legal Studies and the Torture Memos” (2011-12) 114 W Va L Rev 109 at 152, citing Mark Tushnet). [read post]
29 Jun 2007, 6:05 am
" They followed a often cited statement by Judge John Parker in the Fourth Circuit (see Mark Tushnet's post below). [read post]
18 Nov 2013, 1:37 pm
The court rejects Axceler’s argument that it isn’t really using the Avepoint mark for trademark purposes. [read post]
16 Feb 2012, 11:40 am
Moreover, as Mark Tushnet has argued about the public/private distinction, and as I discuss in my post on property, courts sometimes treat “private property” to be an instance of public action, not of private action. [read post]
29 Dec 2011, 4:00 am
These books, among other recently-published scholarship noted on this blog here (Corey Robin's Reactionary Mind), here (JAH Roundtable on Conservatism), and here (Mark Tushnet's Review of Teles, Rise of the Conservative Legal Movement), just to cite a few examples, suggest that conservative causes are popular subjects of scholarly inquiry and of immense interest to the literate public. [read post]
26 Jul 2012, 2:55 pm
Louis University Hollee Temple holleeinbalance West Virginia David Thomson dicthomson Denver Beth Thornburg btSMU SMU Jonathan Turley JonathanTurley George Washington Rebecca Tushnet rtushnet Georgetown Christopher Tyson chrisjtyson Louisiana State Barbara van Schewick vanschewick Stanford Steve Vladeck steve_vladeck American David Wagner david_m_wagner Regent Polk Wagner PolkWagner Penn Ari Ezra Waldman ariezrawaldman Cal Western Kimberlee Weatherall kim_weatherall… [read post]
7 Jul 2012, 10:16 am
Louis University Hollee Temple holleeinbalance West Virginia David Thomson dicthomson Denver Beth Thornburg btSMU SMU Jonathan Turley JonathanTurley George Washington Rebecca Tushnet rtushnet Georgetown Christopher Tyson chrisjtyson Louisiana State Barbara van Schewick vanschewick Stanford Steve Vladeck steve_vladeck American David Wagner david_m_wagner Regent Polk Wagner PolkWagner Penn Ari Ezra Waldman ariezrawaldman Cal Western Kimberlee Weatherall kim_weatherall… [read post]
15 Mar 2009, 1:15 pm
I guess this is a mark of how serious the big issues are). [read post]
23 Jan 2020, 6:56 am
Mark Tushnet flagged a related point at Balkin: Here's the version from the House: "Overwhelming evidence shows that President Trump solicited these two investigations in order to obtain a personal political benefit, not because the investigations served the national interest. [read post]
17 Feb 2012, 7:17 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 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 points about my… [read post]
9 Dec 2007, 4:40 am
Rebecca Tushnet: If you were to look at my Blogger profile (not that there's reason to do so) you'd see a picture of me. [read post]
11 Aug 2020, 6:00 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark TushnetConventions often reflect enduring values, and so I begin with the conventional statement of appreciation for the seriousness with which the contributors to this Symposium have taken my arguments. [read post]
6 Jan 2015, 6:46 pm
Johnson Eric_E_Johnson North Dakota Jackie Jones jackiejones27 UWE Bristol Jeffrey Kahn KahnTax Florida State Anil Kalhan kalhan Drexel Daniel Martin Katz computational Michigan State Ariel Katz relkatz Toronto Jeff Kirchmeier JLKirchmeier CUNY Renee Knake reneeknake Michigan State Mike Koehler fcpaprofessor Southern Illinois Lynne Kohm LynneMarieKohm Regent Eugene Kontorovich EVKontorovich Northwestern Russell Korobkin russellkorobkin UCLA Kim Krawiec KimKrawiec Duke Susan Landrum SusanLandrum1… [read post]
19 Mar 2021, 8:23 am
In each filing, Rule 25.1(d) only allows parties to mark “up to fifteen (15) unique words (including numbers)” as confidential. [read post]
20 Oct 2016, 1:39 pm
The opinion is nonetheless “the best example of what a dissent can do,” Urofsky quoted Harvard Law School professor Mark Tushnet as saying. [read post]
9 Sep 2012, 1:42 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
22 May 2011, 2:36 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
31 Jan 2010, 4:29 pm
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
19 Feb 2022, 11:14 am
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the Lanham… [read post]
8 Dec 2021, 5:21 am
At the same time it is a reminder that constitutional systems, however incompatible, share a core characteristic--the institution of legitimacy framing principles and rules, of conceptual and policy taboos--that mark the difference between systems for the unimpeded exercise of discretion, from those that are bounded (strictly at least in theory) by the normative and rule constraints that reflect their fundamental character (discussed in From Constitution to Constitutionalism). [read post]
