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7 Sep 2022, 5:23 am by Eugene Volokh
 . balancing test"—that is, the second settled principle under the Dor­mant Commerce Clause.[24] The conclusion that the extraterritoriality principle is just a special case of one or both of the standard Dormant Commerce Clause tests makes sense of the decided cases, and of the Court's recent insistence that "two primary principles"—antidiscrimination and prohibition on undue burdens—"mark the boundaries of a State's authority to… [read post]
6 Sep 2022, 6:54 am
This event will feature Harvard Law School William Nelson Cromwell Professor of Law emeritus Mark Tushnet in an interview with University of Virginia School of Law Dean Risa Goluboff. [read post]
1 Sep 2022, 11:00 am
This event will feature Harvard Law School William Nelson Cromwell Professor of Law emeritus Mark Tushnet in an interview with University of Virginia School of Law Dean Risa Goluboff. [read post]
26 Aug 2022, 7:23 am by Eric Goldman
In a different case involving Zoominfo, Rebecca Tushnet and Mark Lemley will be filing an amicus brief on this point. [read post]
26 Aug 2022, 6:37 am by Eugene Volokh
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]
23 Aug 2022, 8:08 am by ernst
"Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School"A magnificent and indeed definitive biography of a vitally important but highly imperfect justice. [read post]
14 Aug 2022, 9:30 pm by ernst
”  The students had already read a note, drawing heavily upon Mark Tushnet’s Making Civil Rights Law, on Corrigan v. [read post]
11 Jul 2022, 11:37 am by Eugene Volokh
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
In today’s column, I criticize its reliance on the views of liberal scholars.In a single paragraph, Justice Alito cites John Hart Ely, Archibald Cox, Laurence Tribe, Mark Tushnet, Philip Bobbitt, and Akhil Amar for the proposition that the reasoning of Roe v. [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
Rebecca Tushnet: Simon outlines the “Nose of wax” problemvery well which also exists in the US. [read post]
21 Jun 2022, 8:00 am by Joseph Fishkin
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael Vorenberg, Final… [read post]
8 Jun 2022, 7:00 am by Guest Blogger
The word for sin, hamartia, means metaphorically (or in the case of Greek archery, literally) to miss the mark. [read post]
13 May 2022, 10:39 am by Eugene Volokh
Mark Lemley, Mark McKenna, and Rebecca Tushnet, who filed an amicus brief in support of our position; to Profs. [read post]
26 Apr 2022, 2:00 am by Katharine Van Tassel
Mark Tushnet (Harvard Law School), Trust the Science But Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State, SSRN (2022): This Essay offers a critique of one Progressive argument for the administrative... [read post]
22 Apr 2022, 9:30 pm by ernst
Mark Tushnet briefly blogs on The Hughes Court on the Cambridge University Press blog. [read post]
22 Apr 2022, 6:30 am by Guest Blogger
  Mark Tushnet is William Nelson Cromwell Professor of Law emeritus, Harvard Law School. [read post]
20 Apr 2022, 6:00 am by JB
This week at Balkinization we are hosting a symposium on Joseph Fishkin and William Forbath's new book, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).We have assembled a terrific group of commentators, including Kate Andrias (Columbia), Mark Graber (Maryland), Ken Kersch (B.C.), David Pozen (Columbia), Bertrall Ross (Virginia), Gerald Torres (Yale), Mark Tushnet (Harvard), and… [read post]