Search for: "Mark Tushnet"
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17 Jan 2025, 9:30 pm
An excerpt from Michelle Adams's The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North (Literary Hub) and Michigan Law's notice of the book.Just out from Oxford University Press: Redefining Comparative Constitutional Law: Essays for Mark Tushnet, edited by Madhav Khosla and Vicki C. [read post]
9 Jan 2025, 2:32 pm
The Second Circuit said that the trademark owner can’t compare its trademark against the purchased keyword, and the resulting absence of mark similarity decisively favors the advertiser. [read post]
16 Dec 2024, 4:00 am
Roy, (October 24, 2024).Mark V. [read post]
13 Nov 2024, 6:30 am
In 1980, at what was perhaps the high point for the so-called process school of constitutional law led by John Hart Ely, critics like the liberal Laurence Tribe and the leftist Mark Tushnet objected that process stories in legal theory obscured underlying substantive commitments. [read post]
7 Nov 2024, 7:52 am
I was delighted to have been asked to contribute to the International Scientific Conference ‘Legal Imaginaries of Crisis and Fear’ taking place 9 November 2024, in Sofia Bulgaria (more on that event HERE). [read post]
1 Nov 2024, 12:28 pm
The symposium includes contributions by many prominent legal scholars, including Mark Tushnet, David Strauss, Geoffrey Stone, Sheryll Cashin, and my Volokh Conspiracy co-blogger David Bernstein, among others. [read post]
18 Oct 2024, 9:30 pm
" My former and present colleagues Mark Tushnet and Louis Michael Seidman have a podcast, "Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America. [read post]
10 Oct 2024, 6:31 pm
Pix Credit here I am delighted to circulate a rough discussion draft I have prepared in anticipation of its first presentation at a conference organized by the remarkable Martin Belov, Professor in Constitutional and Comparative Constitutional Law at the University of Sofia ‘St. [read post]
4 Oct 2024, 7:22 am
Professor Rebecca Tushnet is a leading commentator on Dastar and its progeny. [read post]
1 Oct 2024, 9:30 pm
—Mark Tushnet, author of The Constitution of the United States of America: A Contextual AnalysisAndrew T. [read post]
30 Sep 2024, 6:30 am
Mark Tushnet, Constitutional Collaboration and Constitutional Showdowns4. [read post]
28 Sep 2024, 6:30 am
Conflict and Collaboration; showdown and slowdown Professor Mark Tushnet provides an illuminating analysis of the relationship between conflict and collaboration in The Collaborative Constitution. [read post]
27 Sep 2024, 7:30 am
The resulting picture is one of diverse institutions interacting, counteracting, and collaborating in a common project of governance in mutually respectful and mutually responsive ways.I am indebted to Professors Erin Delaney, Stephen Gardbaum, Lawrence Solum and Mark Tushnet for their insightful reflections on The Collaborative Constitution. [read post]
26 Sep 2024, 6:30 am
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
13 Sep 2024, 6:30 am
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023).Mark Tushnet Aileen Kavanagh offers an extremely important alternative to the common way of organizing our thinking about constitutional review around the dichotomy “judicial” and “political” constitutionalism. [read post]
12 Sep 2024, 8:00 am
We have assembled a terrific group of commentators, including Erin Delaney (UCL/Northwestern), Stephen Gardbaum (UCLA), Lawrence Solum (Virginia), and Mark Tushnet (Harvard).At the conclusion, Aileen will respond to the commentators. [read post]
26 Aug 2024, 4:30 am
Mark Tushnet (Harvard Law School) has posted Court Reform for Progressives: A Primer on Constitutional Considerations on SSRN. [read post]
8 Aug 2024, 11:11 am
Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. [read post]
8 Aug 2024, 6:30 am
Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020).August 16, 2020Balkinization Symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).June 24, 2020Balkinization Symposium on Linda McClain's new book, Who's the Bigot? [read post]
6 Jul 2024, 3:22 pm
[Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.] [read post]