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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]
7 Sep 2021, 5:20 am by Michael C. Dorf
As Harvard Law Professor Mark Tushnet wrote last week for a German audience: "In many European constitutional systems the route to challenging a bill like SB8 would be simple: Legislators would file an ex ante or 'abstract review' challenge to the bill in the constitutional court. [read post]
17 Aug 2021, 6:33 am by James Romoser
Here’s the Tuesday morning read: The New York eviction moratorium decision and the problems of the shadow docket (Mark Tushnet, Balkinization) Court rejects CWA challenge, tees up Supreme Court showdown (Jeremy Jacobs & Hannah Northey, E&E News) The Supreme Court Must End Coercive Abortion Mandates (Alexandra DeSanctis, National Review) The Justice Scalia Mythology that Still Haunts our Politics and our Law (Eric Segall, Dorf on Law) The post The morning read for… [read post]
17 Aug 2021, 5:40 am by Howard Bashman
“The New York eviction moratorium decision and the problems of the shadow docket”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Linford: do we think of certain types of marks as innovative? [read post]
25 Jul 2021, 9:30 pm by ernst
Mark Tushnet might be emeritus, but he is still favoring with penetrating of readings of books of interest to legal historians. [read post]
20 Jul 2021, 12:54 am by Léon Dijkman
Chapter 4, by Rebecca Tushnet, identifies a number of issues that registration in trade mark law gives rise to and offers further potential solutions to bulging registers and overbroad registrations [earlier work here]. [read post]