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20 Feb 2024, 8:55 am by Lawrence Solum
The scholarly pursuits of Mark Tushnet reflect and embody this remarkable transformation. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  With Robert Post’s magisterial volume on the Taft Court following closely on the heels of Mark Tushnet’s breakthrough contribution on the Hughes Court, the Holmes Devise 1921-1941 has now been safely returned (at long last) to its original ambition, purpose, scale, and scope as a legitimate history of record. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
13 Feb 2024, 6:30 am by Guest Blogger
” [21] Mark Tushnet took on the twice-abandoned volume on the Hughes Court. [read post]
7 Feb 2024, 10:30 am by Taylor Gulatsi
Ernst praised the work, writing, “no one understands the politics of law better or takes the law more seriously than Mark Tushnet. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
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]
3 Feb 2024, 10:59 am by Rebecca Tushnet
Lemley/Tushnet discuss some possibilities. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Mark Lemley: a surprising number of your examples involved women. [read post]
28 Jan 2024, 6:26 am by Marty Lederman
    [1] My fellow Balkinization blogger Mark Tushnet has suggested, and amici Akhil and Vik Amar have argued, that the Court should opt for a fourth option—namely, to affirm the legality of Colorado’s refusal to place Trump’s name on the primary election ballot without deciding the substantive question of his eligibility to be President. [read post]
16 Jan 2024, 9:32 am by Rebecca Tushnet
First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman, and Jon Jekel; and news reporters from the New York Times (Adam Liptak) and Bloomberg (Greg Stohr). [read post]
23 Oct 2023, 7:08 am by jonathanturley
 In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
27 Sep 2023, 8:00 am by Guest Blogger
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Constitutional law commentaries regularly include references to foreign law. [read post]
25 Sep 2023, 4:00 am by Eric Segall
  As Harvard Professor Emeritus Mark Tushnet has written, "everyone who’s thought about designing a constitutional court since 1900 has thought that a retirement age was a good thing. [read post]
14 Aug 2023, 4:09 pm
Mark Tushnet, Harvard Law School, has published Varieties of Constitutionalism. [read post]
14 Aug 2023, 4:09 pm by Christine Corcos
Mark Tushnet, Harvard Law School, has published Varieties of Constitutionalism. [read post]
12 Aug 2023, 6:15 am by Lawrence Solum
”―Mark Tushnet, Harvard Law School, author of Taking Back the Constitution [read post]
24 Jul 2023, 4:00 am by jonathanturley
In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]