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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]
13 Sep 2019, 2:33 pm
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
Below the fold are the results of the 2019-2020 Law Professor Twitter Census. [read post]
11 Sep 2019, 6:30 am
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
Mark Tushnet, for instance, distinguishes between different forms of populism and identifies the constitutional implications of right- and left-wing populist policies. [read post]
16 Aug 2019, 2:07 pm
Mark Tushnet’s post last month on Balkinization on Justice Gorsuch’s reliance in the Gundy decision upon Amity Shlaes’s account of Schechter Poultry has prompted responses by Shlaes and Josh Blackman. [read post]
23 Jul 2019, 8:44 am
One of Mark Tushnet’s most famous descriptions was “the lawyer as astrophysicist,” referring [read post]
22 Jul 2019, 10:42 am
” Mark Tushnet’s earlier post was titled “Epistemic Closure at the Supreme Court. [read post]
22 Jul 2019, 8:27 am
An earlier post on this blog by Mark Tushnet explained that Justice Gorsuch’s dissent in Gundy v. [read post]
10 Jul 2019, 1:06 pm
(Again, think of Tushnet’s evisceration of Gorsuch regarding “sick chickens. [read post]
9 Jul 2019, 7:48 am
Loeb University Professor, Harvard Law School Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School Adam Winkler, Professor of Law, UCLA School of Law Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law [read post]
5 Jul 2019, 9:30 pm
Also at Balkinization, Mark Tushnet on Justice Gorsuch getting his history of the Schechter case from Amity Shlaes. [read post]
2 Jul 2019, 5:38 am
To borrow a phrase from Mark Tushnet, his theory can be viewed as a type of defensive crouch constitutionalism. [read post]
Supreme Court Holds Section 2(a) Ban on Registration of Immoral or Scandalous Marks Unconstitutional
28 Jun 2019, 2:54 am
Rebecca Tushnet's comments at her 43(b)log (here). [read post]
21 Jun 2019, 10:30 am
Mark Tushnet, Originalism in Political Science and Law4. [read post]
19 Jun 2019, 6:00 am
One motivation for the project is a suggestion some years ago by Mark Tushnet that “judicial review basically amounts to noise around zero. [read post]
16 Jun 2019, 8:00 am
I would be remiss if I did not pause here to observe -- once again, contra to Mark Tushnet’s dismissal of any relationship between the views of the political (and economic, and theological, etc.) thinkers I recount in my book and Reagan administration, Supreme Court, and legal academic originalism -- that, as it happens, Gary Lawson, a major figure in the latter three endeavors, testifies that, in fact, he read deeply in it (although, to be sure, in… [read post]
15 Jun 2019, 8:00 am
’ But with that brush cleared, I want to turn to a central substantive question raised by both Mark Tushnet and Gary Lawson, which is about whether there is any relationship between the political and constitutional argument I chronicle extensively in the book and legal academic and Meese Justice Department/Federalist Society originalism that Tushnet argues effectively succeeded (and obviated?) [read post]
14 Jun 2019, 11:01 am
Harmless Free Riding by Wendy Gordon, Boston University School of Law (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives)Common law imposes penalties on those who harm much more readily than it requires people to avoid benefiting without payment; very few duties to help and lots of duties not to harm. [read post]
6 Jun 2019, 6:30 am
I am delighted, for example, to take this opportunity to tout the book co-edited by Mark Graber, Mark Tushnet, and myself, Constitutional Democracy in Crisis? [read post]
