Search for: "Mark Tushnet"
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25 Mar 2020, 10:10 am
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
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
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]
20 Feb 2020, 8:43 am
Here I add a supplemental "note" to Tushnet's supplemental note. [read post]
20 Feb 2020, 7:06 am
Tushnet with a foreword by Randall Kennedy. [read post]
19 Feb 2020, 4:56 pm
In related discussion, at “Balkinization,” Mark Tushnet has a post titled “Law Clerks and Jurisprudence. [read post]
14 Feb 2020, 9:52 am
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
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
”—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
Only Mark Tushnet at that time had the wisdom to suggest that the correct answer might be "the whole thing. [read post]
The problematics of impeachment (I): The specific problems of Charles Black's take on the presidency
29 Jan 2020, 12:52 pm
Like Mark Tushnet (I think), I'm really skeptical. [read post]
28 Jan 2020, 1:15 pm
As America’s longest-serving member of Congress once said, “I'll let you write the substance … and you let me write the procedure, and I'll screw you every time. [read post]
17 Jan 2020, 9:30 pm
” The announced speakers are Vincent Brown, Annette Gordon-Reed, Jane Kamensky, Jill Lepore, David Moss, and Mark Tushnet. [read post]
3 Jan 2020, 7:22 am
The Lanham Act defines a “counterfeit” as “a spurious mark which is identical with, or substantially indistinguishable from, a registered mark. [read post]
17 Dec 2019, 12:15 pm
The authors in the series have included truly remarkable scholars, including not only the individuals you mention above, but also Cass Sunstein, Pam Karlan, Lee Bollinger, Mark Tushnet, Michael Klarman, and on and on and on. [read post]
31 Oct 2019, 7:28 pm
“Academic Constitutional Theory and Judicial Constitutional Practice”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
30 Oct 2019, 1:05 pm
Rebecca Tushnet, Frank Stanton Professor of First Amendment Law, Harvard Law SchoolEmpirical work: are we running out of trademarks? [read post]
24 Sep 2019, 11:31 am
Rebecca Tushnet Slides. [read post]
14 Sep 2019, 6:35 pm
These attempts, one at direct popular affirmation of leadership policies, and the other an institutionalized system for popular consultation, emerged in new forms after 2011 and have found their most complete expression in the complex processes of popular consultation and popular affirmation that marked the Cuban constitutional reform process of 2018-2019. [read post]
14 Sep 2019, 6:00 am
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
