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6 Jul 2024, 3:22 pm by Ilya Somin
[Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.] [read post]
5 Jul 2024, 10:50 am by Lawrence Solum
The brilliant, provocative, and always interesting Mark Tushnet has a post entitled "Textualism and Linguistic Drift. [read post]
4 Jul 2024, 1:06 pm by Randy E. Barnett
[My seminar picks for 2024 (and every year since 2005).] [read post]
1 Jul 2024, 4:05 am by Howard Friedman
Elenis, (Notre Dame Law Review, Forthcoming).Mark V. [read post]
28 Jun 2024, 9:30 pm by Karen Tani
  Mark Tushnet thinks some more about originalism (after stopping trying to make sense of originalism) (X). [read post]
27 Jun 2024, 9:40 am by Eric Goldman
Other commentators have provided excellent summaries of the Supreme Court’s holding in Elster, including trademark experts Ted Davis and Ryan Kurtiak, Laura Heymann, Rebecca Tushnet, and John Welch; constitutional law professors Josh Blackman, Mike Ramsey, and Eugene Volokh; and news reporters Kyle Jahner and Aruni Soni. [read post]
17 Apr 2024, 9:07 am by Dennis Crouch
The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. [read post]
6 Mar 2024, 3:00 am by jonathanturley
Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin even called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? [read post]
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]