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25 Feb 2021, 12:02 pm by Paul Horwitz
Better than late than never, let me urge on readers this fine dialogue between Mark Tushnet and Louis Michael Seidman, On Being Old Codgers: A Conversation About a Half Century in Legal Academia. [read post]
3 Feb 2021, 4:00 am by Ken Chasse
In combination, the array of racial restrictions imposed by law[,] crafted hierarchies of belonging, marked non-whites as unworthy of full citizenship, and created a form of ‘alien citizens’ defined by invented mythologies of racial difference propagated and imposed by whites. [read post]
29 Jan 2021, 3:24 pm by Neil Siegel
  As a result, one should expect continued violations of constitutional norms by American politicians to accomplish partisan goals—what Mark Tushnet has called “constitutional hardball”—at least until the electoral impact of demographic changes in the electorate exceeds the electoral impact of the rural favoritism that is built into the nation’s constitutional electoral processes. [read post]
4 Jan 2021, 6:54 am by James Romoser
Wade (Nina Totenberg, NPR) Chief Justice John Roberts Lauds Courts’ Pandemic Response in Year-End Message (Jess Bravin, The Wall Street Journal) A Modest Proposal for Supreme Court Reform (Mark Tushnet, Balkinization) Dozens of Native Americans Could Get Out of Prison Because of This Supreme Court Decision (Kathleen Caulderwood & Gabrielle Caplan) In Virus Era, US Supreme Court Filings Fell 16% Year-Over-Year (Mike Scarcella, The National Law Journal) We rely on our… [read post]
14 Dec 2020, 6:35 am by Media Law Prof
Mark Tushnet, Harvard Law School, has published The Kids Are All Right: The Law of Free Expression and New Information Technologies. [read post]
12 Nov 2020, 8:18 pm by Josh Blackman
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
27 Oct 2020, 11:57 am by Eugene Volokh
Mark Lemley, Marc McKenna, Joseph Scott Miller, Jennifer Rothman, Rebecca Tushnet, and me. [read post]
27 Oct 2020, 11:57 am by Eugene Volokh
Mark Lemley, Marc McKenna, Joseph Scott Miller, Jennifer Rothman, Rebecca Tushnet, and me. [read post]
22 Oct 2020, 11:25 am by Joseph Fishkin
When Dave Pozen and I wrote our article two years ago on asymmetric constitutional hardball (building on the important and ongoing work by Mark Tushnet), our bottom line was that the constitutional hardball we observe is reciprocal but not symmetrical. [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
Better tools to show how consumers use marks. [read post]
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]
12 Oct 2020, 10:16 am by Howard Bashman
“Signing Off on Discussing Court Reform”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
7 Oct 2020, 7:02 am by Brian Leiter
There's a lot of commentary here, a lot of it fanciful, but Mark Tushnet (emeritus, Harvard Law) cuts to the chase and probably gets it right: With a newly constituted Supreme Court, we’re not going to see dramatic changes in... [read post]
21 Sep 2020, 2:05 pm by Howard Bashman
Also at that blog, Mark Tushnet has a post titled “The Two Sides to a Supreme Court Nomination. [read post]
17 Sep 2020, 2:40 pm by Bridget Crawford
Below the fold are the results of the 2020-2021 Law Professor Twitter Census. [read post]
30 Aug 2020, 5:44 pm by Howard Bashman
Mark Tushnet’s Anti-Constitutionalism”: John O. [read post]
20 Aug 2020, 11:26 am by Sandy Levinson
  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]