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14 Oct 2007, 1:54 pm
Mark Tushnet has introduced the term "constitutional hardball" to academic discourse, by which he means a willingness of players within the system to push the envelope of their powers and see what happens. [read post]
2 Jan 2007, 1:37 pm
But Samuel Clemens can't claim to be Mark Twain in my business dealings with him (if it matters to me that he is in fact Mark Twain). [read post]
13 Feb 2012, 4:00 am by propertyprof
The following is a guest post from Rebecca Tushnet of Georgetown. [read post]
16 May 2018, 11:03 am by Camilla Alexandra Hrdy
The marks and the products on which the marks are used can be, but need not be, identical. [read post]
16 May 2018, 11:03 am by Camilla Alexandra Hrdy
The marks and the products on which the marks are used can be, but need not be, identical. [read post]
12 Jul 2010, 5:24 am by Walter Olson
Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof] Too much like a Star Wars lightsaber? [read post]
25 May 2012, 4:03 pm
Lawprof Mark Tushnet wonders, noting the dissent limited to the 3 female Justices — Ginsburg, Kagan, and Sotomayor — and expressing the belief that "this is the first case in which the Court has divided along gender lines. [read post]
11 Jun 2007, 5:28 am
Speaking of the YSL trademark (see yesterday's post), what about the stylish logo of the band Yeasayer, sent courtesy of Professor Rebecca Tushnet? [read post]
16 Apr 2018, 9:50 am by Paul Horwitz
In a response to Howard's post below about the "Blackman incident," Mark Tushnet has a valuable comment, citing to recent work by Jeremy Waldron, arguing for a particular interpretation of heckler's veto doctrine. [read post]
2 Jun 2017, 5:18 pm by Will Baude
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
5 Nov 2014, 8:07 am by JB
  As Mark Tushnet suggests, however, there is a slight chance that the issues may become relevant again.And, by the way, the 6th edition of Brest Levinson was published this past month, and is available at fine bookstores near you. [read post]
11 Jan 2017, 6:45 am by Paul Horwitz
I'm grateful to those who read and commented on my series of posts on the AALS annual meeting, especially but not limited to Mark Tushnet and Dan Rodriguez, who are both past presidents of the AALS. [read post]
9 Apr 2015, 9:30 pm by Dan Ernst
Malamud, NYU LawA Contribution to Both Legal History and Constitutional Theory, by Mark Tushnet, Harvard LawAdministrative Constitutionalism and Administrative Power, by Nicholas R. [read post]
24 Apr 2015, 3:38 pm by TWiT
Guests: Diane Peters, Bernard Chao and Rebecca Tushnet Photo credit: xlibber Download or subscribe to this show at twit.tv/twil. [read post]
7 May 2016, 8:30 am by Paul Horwitz
Although I found it horrifying, I also immensely enjoyed Mark Tushnet's post yesterday recommending that "liberals" abandon "defensive crouch liberal constitutionalism. [read post]
9 Oct 2015, 11:30 am by Rick Garnett
More than a few Prawfs guests and bloggers are among the contributors, who include Sarah Barringer Gordon, Paul Horwitz, Nelson Tebbe,Douglas Laycock, Christopher C Lund, Liz Sepper, Frederick Gedicks, Ira Lupu, Robert Tuttle, Robin West, Jessie Hill, and Mark Tushnet. [read post]
5 Jan 2017, 6:22 am by Paul Horwitz
I should add as a side note that readers may be interested in this post by Mark Tushnet at Balkinization discussing whether the AALS is a learned society or something else--specifically, something more like the trade organization for law schools that I pushed against in my first post. [read post]
28 Mar 2018, 10:37 am by Dan Rodriguez
My first point follows up on Mark Tushnet’s idea that law schools should be encouraged to pursue institutional pluralism. [read post]
13 Mar 2017, 12:10 pm by David Fontana
It was almost one year ago that Mark Tushnet posted about “defensive crouch” liberal constitutionalism, a crouch featuring “every liberal position asserted nervously. [read post]
14 Jun 2014, 6:15 am by Paul Horwitz
On the former possibility, one might enjoy this short take from Mark Tushnet, along with his acknowledgment that his... [read post]