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In a recent posting, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: There’s another case that I think is easy one way, although I know lots of people who think it’s easy in just the opposite way: when a raucous crowd shouts down the speaker. [read post]
24 Sep 2017, 3:02 pm by Howard Wasserman
Mark Tushnet, writing on Vox and Balkinization, argues that the counter-speakers/hecklers/audience members who attempt to shout down other speakers engage in constitutionally protected activities and the First Amendment is violated by many of a state university's efforts to stop hecklers. [read post]
18 Sep 2017, 7:48 am by Ron Coleman
Mark Tushnet Professor of Constitutional Law, Georgetown University Perhaps he’s overstated it, though probably not as much as those interviewed in this New York Law Journal article (subscription required) think he did, but as I said in an email to Doug: “I haven’t read your book but appreciate the buzz it’s generated. [read post]
1 Sep 2017, 7:50 am by Ingrid Mattson
A committee composed of members of ACS’s Board of Academic Advisors will select 10 papers and each selected author will have the opportunity to discuss his/her paper in depth with two experienced scholars, from a group that includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler. [read post]
16 Aug 2017, 3:39 am by Edith Roberts
” At Balkinization, Mark Tushnet weighs in on Christie v. [read post]
15 Aug 2017, 2:32 pm by Marty Lederman
Mark Tushnet suggests that there's a very straightforward way of looking at Christie v. [read post]
14 Aug 2017, 8:16 am by Joseph Fishkin
A committee composed of members of ACS’s Board of Academic Advisors will select 10 papers and each selected author will have the opportunity to discuss his/her paper in depth with two experienced scholars, from a group that includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler.Papers can be in any field related to public law, including but not limited to: constitutional law, administrative law, antidiscrimination law, criminal… [read post]
12 Aug 2017, 7:42 am by Eric Goldman
(Paging Rebecca Tushnet, who has shown through FOIA requests that our own government can’t make that distinction either). [read post]
24 Jul 2017, 9:30 pm by Lisa P. Ramsey
Courts may also find other trademark registration laws unconstitutional after Tam, as discussed by Professor Rebecca Tushnet and others concerned about the decision. [read post]
13 Jul 2017, 9:35 am by Dan Ernst
., Mark Tushnet, and Richard White and a response by Professor Kessler. [read post]
10 Jul 2017, 9:11 am by Paul Horwitz
I very much hope to get around to this post by Mark Tushnet on the obligations of those who comment on contemporary political issues. [read post]
5 Jul 2017, 9:30 pm by Karen Tani
" --Mark Tushnet "Baum offers a unique perspective on the Supreme Court. [read post]
20 Jun 2017, 11:25 am by Christine Farley
Although this is not the decision I was hoping for in this case — I filed an amicus brief co-authored with Rebecca Tushnet on behalf of 31 law professors in support of the government — it is the decision I was expecting. [read post]
16 Jun 2017, 12:50 pm by Dan Ernst
As many LHB readers are aware, the Law and Society Association hosts "Collaborative Research Networks" that sponsors panels for its annual meeting. [read post]
13 Jun 2017, 2:09 pm by Will Baude
One possibility is Mark Tushnet’s suggestion that the court is actually requiring the executive branch to exercise prosecutorial discretion in favor of Morales-Santana if possible, but nobody else seems to share that reading of the opinion and I don’t think I do either. [read post]
13 Jun 2017, 5:30 am by Peter Margulies
As Mark Tushnet observed here, this modification of the District Court’s injunction also leaves open the possibility that the government will complete its task before any Supreme Court review, upping the chances that the Court will hold that the case is moot. [read post]
13 Jun 2017, 4:45 am by Edith Roberts
Mark Walsh offers a “view” from the courtroom at this blog. [read post]
9 Jun 2017, 9:30 pm by Karen Tani
From the English Legal History blog: The Right to Vote, Women’s Suffrage, and Tumultuous Petitions ("a discussion of the history of voting rights in Parliamentary elections").Over at Balkinization, Mark Tushnet (Harvard Law School) urges someone to write a history of "'working the refs,' meaning the Supreme Court, by framing issues before the Court not as raising contestable legal questions on which the author is taking a side, but as presenting the… [read post]
8 Jun 2017, 11:42 am by Shannon Togawa Mercer
Mark Tushnet, law professor: So far there's nothing that dramatically changes the picture — lots of pieces of evidence that could go into making a criminal case and very little to weaken such a case but nothing that in itself shows criminal intent. [read post]