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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]
28 Jan 2020, 1:15 pm by Evelyn Douek
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]
23 Jan 2020, 6:56 am by Josh Blackman
Mark Tushnet flagged a related point at Balkin: Here's the version from the House: "Overwhelming evidence shows that President Trump solicited these two investigations in order to obtain a personal political benefit, not because the investigations served the national interest. [read post]
17 Jan 2020, 9:30 pm by ernst
”  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 by Dennis Crouch
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 by Ronald Collins
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 by Howard Bashman
“Academic Constitutional Theory and Judicial Constitutional Practice”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
30 Oct 2019, 1:05 pm by Rebecca Tushnet
Rebecca Tushnet, Frank Stanton Professor of First Amendment Law, Harvard Law SchoolEmpirical work: are we running out of trademarks? [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 by Guest Blogger
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]
13 Sep 2019, 2:33 pm by Joseph Fishkin
 More from the announcement:A committee composed of members of ACS’s Board of Academic Advisors will select approximately 10 papers, and each selected author will have the opportunity to discuss his/her paper, as well as the paper of another author, in depth with two experienced scholars from the ACS network, which includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler, among others.More details here. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Below the fold are the results of the 2019-2020 Law Professor Twitter Census. [read post]
11 Sep 2019, 6:30 am by Guest Blogger
Lee, The Workplace Constitution: From the New Deal to the New Right (2014); Mark Tushnet, Taking the Constitution Away from the Courts (1999); Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise (2016); Sotirios A. [read post]
10 Sep 2019, 3:30 am by Hoi Kong
 Mark Tushnet, for instance, distinguishes between different forms of populism and identifies the constitutional implications of right- and left-wing populist policies. [read post]