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22 Feb 2022, 7:02 am by Eric Segall
On my Supreme Myths Podcast last week, I asked Professor Mark Tushnet that question. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
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]
18 Feb 2022, 9:30 pm by ernst
Mark Tushnet, author of the Holmes Devise history of the Hughes Court discusses it and other topics on the Supreme Myths podcast. [read post]
14 Feb 2022, 2:00 am by mes286
University of Houston Law Center –Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School, presents today as part of the Spring External Speaker Series. [read post]
4 Feb 2022, 12:42 pm by Lincoln Caplan
Fiercely and pointedly, as the constitutional scholar Mark Tushnet explained in 2016, Roberts and Breyer were “contending over history. [read post]
31 Jan 2022, 9:31 am by ernst
Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School. [read post]
30 Jan 2022, 10:30 am by Guest Blogger
That an era of crisis can affect the substance of legal thought has long been evident in works like Edward Corwin’s World War II era classic Total War and the Constitution, and Mark Tushnet’s post-9/11 edited volume The Constitution in Wartime. [read post]
25 Jan 2022, 2:55 pm by Eugene Volokh
So far, we've published articles by (among others) Jack Balkin (Yale), Mark Lemley (Stanford), Christopher Yoo (Penn), and more. [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]
3 Dec 2021, 9:30 pm by ernst
Katz Prize for Excellence in Public Humanities a January 2022 kickoff event featuring a conversation with former ASLH president Stan Katz.The Heyburn Initiative strengthens the University of Kentucky Libraries’ mission to archive and digitize “collections from federal judges, justices, and other leaders related to the judiciary with connections to Kentucky" (UKnow).ICYMI:  Mark Tushnet's pet peeves about legal scholarship include originalism. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
 Scholars like John McGinnis, Melissa Murray, and Mark Tushnet have wondered (without endorsement) if the Court might claim to do that by applying Casey's rule against "undue burdens" on abortion. [read post]
28 Nov 2021, 6:49 am by Steve Shiffrin
On Facebook, Mark Tushnet helpfully reports that Jamie Raskin's tenure article at American University was about this issue. [read post]
4 Oct 2021, 8:07 am by ernst
Mark Tushnet - William Nelson Cromwell Professor of Law Emeritus, Harvard Law School‘This book is a major contribution to the historiography of American law from the 1750s through the first decade of the nineteenth century, representing an important advance in our understanding of the emergence of judicial review in America. [read post]
30 Sep 2021, 3:30 am by Eli Nachmany
Mark Tushnet served as the Summer 2021 Dædalus Issue’s Guest Editor, compiling essays from leading lights of administrative law like Cass Sunstein, Aaron Nielson, and Judge Neomi Rao. [read post]
28 Sep 2021, 7:00 am by Maya Bergamasco
Join the HLS Library on Tuesday, October 5 at 12:30 pm ET for a discussion of Power to the People: Constitutionalism in the Age of Populism with co-authors HLS Professor Mark Tushnet and University of Sheffield School of Law Professor Bojan Bugarič, and panelists Professor Tom Ginsburg of the University of Chicago Law School, HLS Professor Lawrence Lessig, and Professor Sanford V. [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]
15 Sep 2021, 4:30 am by Eric Segall
In this sense, as Mark Tushnet likes to say, "law is politics all the way down," at least in the constitutional sphere, where so many of us reside. [read post]
10 Sep 2021, 6:52 am by James Romoser
Not Yet (Krishnadev Calamur & Nina Totenberg, NPR) God Has No Place in Supreme Court Opinions (Linda Greenhouse, The New York Times) Justice Gorsuch Tears Up Oklahoma (Editorial, The Wall Street Journal) Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law) (Mark Tushnet, Balkinization) Abortion Brush-Off Contrasts With Supreme Court’s Move in Church Case (Greg Stohr, Bloomberg) The post The… [read post]
10 Sep 2021, 5:50 am by Howard Bashman
“Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law)”: Mark Tushnet has this post at the “Balkinization” blog. [read post]