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10 Apr 2023, 9:00 pm
For example, in a posting a few years back, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: [W]hen a raucous crowd shouts down the speaker. [read post]
18 Apr 2010, 10:01 am
Nominative fair use could work this way as Tushnet suggests, though he has his doubts about whether the third factor can be maintained independent of a confusion inquiry. [read post]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
26 Nov 2018, 10:20 am
The Value of Bidding on Keywords Containing 1-8oo Contacts’ Marks The dissent repeats several times that 1-800 Contacts’ settlement agreements restricted only one form of advertising, leaving open many other advertising channels. [read post]
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]
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]
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]
31 Aug 2010, 5:00 pm
Freeing Speech: The Constitutional War Over National Security, by John Denvir. [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]
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]
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]
20 Aug 2020, 11:26 am
Discussions of “constitutional hardball,” which are rife these days—and a major theme of Mark Tushnet’s new book discussed in a recent symposium here on Balkinization—include lots of possibilities, including Court-packing or even, should GOP controlled states refuse to certify electors in states Biden carries after November, the refusal by the Democratic House to seat any members of those states’ congressional delegations (inasmuch as… [read post]
3 Feb 2024, 2:59 pm
Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. [read post]
2 Jun 2017, 7:27 pm
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
