Search for: "Mark Tushnet"
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22 Mar 2019, 2:05 pm
Mark Tushnet correctly respondsthat the reaction “looks a lot like counter-speech to me, and there's no indication that the protests and support groups interfered with the ability of those attending the event to hear what the speaker had to say. . . . [read post]
22 Mar 2019, 10:03 am
The complaint appears to address only the word and logo marks. [read post]
11 Mar 2019, 9:19 am
LAW LIBRARY level 3: K3165 .T87 2018Mark Tushnet, Advanced Introduction to Comparative Constitutional Law, 2d ed. [read post]
26 Feb 2019, 3:30 am
Deborah Pearlstein Say what you will about sports metaphors in legal writing, but Professor Mark Tushnet’s “constitutional hardball” descriptor has proven remarkably useful in capturing one of the most vexing political dynamics of our time: the political parties’ resort to “claims and practice…that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension… [read post]
25 Feb 2019, 12:42 pm
There was an educational period, but people are aware of this now.Rebecca Tushnet, Harvard Law SchoolNew legal or quasi legal systems are often set up assuming that they will be used against, and not by, bad actors, because that’s the problem that is most salient before the new system exists. [read post]
25 Feb 2019, 6:51 am
As I tweeted in June: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about the Internet’s potential as a dynamic, open & innovative platform #FOSTA #GDPR #CCPA — Eric Goldman (@ericgoldman) June 29, 2018 If you can’t read it: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about… [read post]
23 Feb 2019, 3:51 pm
Earlier today, Mark Tushnet posted about Justice Thomas’s recent eye-opening concurrence in the Court’s denial of cert. in McKee v. [read post]
21 Feb 2019, 11:48 am
“In-Chambers Stare Decisis”: Mark Tushnet has this interesting post at the “Balkinization” blog. [read post]
19 Feb 2019, 2:34 pm
9:00am-10:45amChair: William Forbath (Texas)Samuel Issacharoff (NYU)Scot Peterson (Oxford)Mark Tushnet (Harvard)Mila Versteeg (Virginia) Session VI: Constitutional Replacement by Constitutional Amendment11:00am-12:45pmChair: Sergio Verdugo (Universidad del Desarrollo – Chile)Carlos Bernal (Constitutional Court of Colombia)John Dinan (Wake Forest)Rosalind Dixon (Australia, University of New South Wales)Sanford Levinson (Texas) [read post]
28 Jan 2019, 2:16 pm
Fogelson (2005) Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 by Mark V. [read post]
14 Jan 2019, 3:52 am
In our current We The People podcast, scholars Sai Prakash and Mark Tushnet talked about the Youngstown Sheet case in relation to a possible Trump executive order. [read post]
8 Jan 2019, 9:16 am
Harvard Law School professor Mark Tushnet told NBC News that Congress gives the President annual appropriations that don’t have a designated use. [read post]
26 Nov 2018, 10:20 am
The Value of Bidding on Keywords Containing 1-8oo Contacts’ Marks The dissent repeats several times that 1-800 Contacts’ settlement agreements restricted only one form of advertising, leaving open many other advertising channels. [read post]
14 Nov 2018, 4:07 pm
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
14 Nov 2018, 4:07 pm
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
11 Nov 2018, 9:50 am
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
30 Oct 2018, 9:14 am
” Absolutist constitutionalism, in Mark Tushnet’s formulation, occurs when “a single decisionmaker motivated by an interest in the nation’s well-being consults widely and protects civil liberties generally, but in the end, decides on a course of action in the decisionmaker’s sole discretion, unchecked by any other institutions. [read post]
15 Oct 2018, 9:05 pm
And as Josh Blackman noted in April 2017, similar ideas were already floating around then; see also Mark Tushnet later last year. [read post]
15 Oct 2018, 4:05 am
(Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).Marie T. [read post]
11 Oct 2018, 7:13 am
Introducing the idea in 2004, Mark Tushnet defined constitutional hardball as “political claims and practices ... that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings. [read post]
