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18 May 2023, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022. [read post]
4 May 2023, 4:00 am by Eric Segall
The list included Eugene Volokh, Ilya Somin, Jonathan Adler, Mike Dorf, Pam Karlan, and Mark Tushnet, among many others. [read post]
10 Apr 2023, 9:00 pm by Vikram David Amar and Jason Mazzone
For example, in a posting a few years back, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: [W]hen a raucous crowd shouts down the speaker. [read post]
10 Apr 2023, 6:30 am by ernst
  DRE.]Professor Ernst's Remarks: Mark Tushnet is famously prolific. [read post]
10 Apr 2023, 4:05 am by Howard Friedman
Thomas (Minnesota) Legal Studies Research Paper No. 23-01 (2023).Suryapratim Roy & Rahul Sambaraju, Hindu Zion: The Politics of Constitutional Accommodation, (Mark Tushnet and Dimitry Kochenov (eds), Research Handbook on the Politics of Constitutional Law (Edward Elgar 2023)).Reva B. [read post]
9 Apr 2023, 9:30 pm by ernst
Tushnet, the William Nelson Cromwell Professor of Law Emeritus at the Harvard Law School. [read post]
6 Apr 2023, 10:36 am by Dennis Crouch
Todd Herreman, Loren Mulraine, Christopher Newman, Eric Priest, Mark F. [read post]
24 Mar 2023, 10:45 am by Rebecca Tushnet
Rebecca Tushnet, Professor of Law, Harvard Law School A test that deems this toy confusing with Jack Daniels is a bad test. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
[My seminar picks for 2023 (and every year since 2005).] [read post]
11 Mar 2023, 7:15 am by Lawrence Solum
”—Mark Tushnet, Harvard Law School “This book is intentionally radical, and it makes an exciting and cutting-edge contribution in the fields of legal and political theory and history. [read post]
13 Feb 2023, 6:03 am by Lawrence Solum
Mark Tushnet (Harvard Law School) & Dimitry Kochenov (CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna; Princeton University - Princeton School of Public and International Affairs) have posted Introduction (the Politics of Constitutional Law) (M. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
Formalism creeping back in: three examples. (1) Dilution—formalistic principle: once we put the label famous on a mark, we don’t do much to restrict the protection of that mark. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumSandy Levinson            I have been teaching courses on American constitutional law for almost 50 years. [read post]
24 Jan 2023, 9:52 am by Eric Goldman
Given the developments of 2022 and the past decade, we’re already witnessing the collapse of Web 2.0, and 2023 could officially mark the conclusion of that era. [read post]
21 Jan 2023, 6:30 am by Guest Blogger
  Perhaps the least remembered passage in Mark Tushnet’s notorious May 2016 post on defensive-crouch constitutionalism was its most prescient: “Of course all bets are off if Donald Trump becomes President. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
It was on this very blog that Mark Tushnet (alas, prematurely) declared victory and called for an unrestrained pursuit of left politics through constitutional law a mere matter of months before Donald Trump began his utter transformation of the courts into an instrument of reaction. [read post]
18 Jan 2023, 5:00 am by Michael C. Dorf
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
17 Jan 2023, 8:00 am by JB
Jackson Women's Health Organization.The contributors include Anita Allen, Akhil Amar, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, Robin West, and myself.This book is part of a trilogy on important Supreme Court cases. [read post]