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29 Jul 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. [read post]
29 Jul 2020, 6:00 am by JB
This week at Balkinization we are featuring a symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).We have assembled a terrific group of commentators, Stephen Griffin (Tulane), Julia Azari (Marquette) Amanda Hollis-Brusky (Pomona), Aaron Belkin (San Francisco State), Jamie Raskin (U.S. [read post]
25 Jun 2020, 1:32 pm by David Super
  I also share Mark Tushnet’s fearthat, because both criminal investigations and the impeachment process were so severely obstructed, we likely are aware of a much smaller fraction of the wrong-doing that has occurred than we were in previous national scandals:  we cannot weigh the merits of leniency when we know only a slender fractionof what happened. [read post]
16 Jun 2020, 6:57 am by Lisa Larrimore Ouellette
The night of the historic oral argument, Christine Farley of American University Washington College of Law hosted a discussion where I joined Rebecca Tushnet, Marty Schwimmer, and Cara Gagliano to recap the argument and discuss the case. [read post]
27 Apr 2020, 7:21 am by Howard Friedman
Austria: The Folly of Europe, [Abstract], 5 Journal of Global Justice & Public Policy 83-105 (2019).Mark Tushnet, Trump v. [read post]
26 Mar 2020, 12:42 pm by Nicholas Mosvick
referer=&httpsredir=1&article=1275&context=caselrev Mark Tushnet, “Law and Prudence in the law of Judiciability: The Transformation and Disappearance of the Political Question Doctrine, North Carolina Law Review (2002), [read post]
25 Mar 2020, 10:10 am by Evelyn Douek
When asked on a press call why Facebook was treating COVID-19 misinformation differently, Mark Zuckerberg invoked the First Amendment trope that “you can’t yell fire in a crowded theater. [read post]
11 Mar 2020, 5:00 pm by Ezra Rosser
New Book Chapter: Mark Tushnet, The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt, in Judicial Review: Process, Powers and Problems (Cambridge University Press 2020, eds. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t notice when they’re making empirical claims: SCt cases (even in Tam, on registration as endorsement). [read post]
19 Feb 2020, 4:56 pm by Howard Bashman
In related discussion, at “Balkinization,” Mark Tushnet has a post titled “Law Clerks and Jurisprudence. [read post]
14 Feb 2020, 9:52 am by Rebecca Tushnet
  Cox is a good case: they failed to enforce even a toothless repeat infringer policy.Professor Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law SchoolDownload TestimonyI would like to start with some perhaps surprising numbers that illustrate what §512 has meant for creativity and innovation online. [read post]
12 Feb 2020, 11:44 am by Katharine Trendacosta
The DMCA is 22 years old this year and the Senate Subcommittee on Intellectual Property is marking that occasion with a series of hearings reviewing the law and inviting ideas for “reform. [read post]
4 Feb 2020, 9:30 pm by Mitra Sharafi
”—Mark Tushnet“This is a sensitive analysis of the moral imagination behind the Indian Constitution, a document intended to free the democratic process from sectarian identities and to strengthen centralized state power. [read post]
1 Feb 2020, 8:33 pm by Sandy Levinson
 Only Mark Tushnet at that time had the wisdom to suggest that the correct answer might be "the whole thing. [read post]