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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]
5 Jun 2019, 6:00 am
Irvine), and Mark Tushnet (Harvard)At the conclusion, Ken will respond to the commentators. [read post]
30 May 2019, 6:00 am
Tushnet and Siegel are right. [read post]
23 May 2019, 6:25 pm
Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have published On Being Old Codgers: A Conversation about a Half Century in Legal Education. [read post]
23 May 2019, 6:25 pm
Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have published On Being Old Codgers: A Conversation about a Half Century in Legal Education. [read post]
17 May 2019, 9:30 pm
My erstwhile and present Georgetown Law colleagues Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have posted On Being Old Codgers: A Conversation about a Half Century in Legal Education, a “conversation, conducted over three evenings,” capturing “some of our thoughts about the last half century of legal education as both of us near retirement. [read post]
3 May 2019, 10:14 am
Does NIFLA mark the death-knell of Central Hudson? [read post]
4 Apr 2019, 5:44 am
As I note in the piece, the Foreword "project" is itself a fascinating one, superbly discussed in this article by Mark Tushnet and Timothy Lynch, which suggests among other things that for various reasons Foreword articles are often disappointing. [read post]
3 Apr 2019, 3:30 am
Mark Tushnet and Timothy Lynch’s classic study, “The Project of the Harvard Forewords,” provides one of the best (and only) accounts of both the Foreword’s importance and its “structural constraints. [read post]
31 Mar 2019, 12:37 pm
“‘The Chief’ — What It Actually Tells Us About John Roberts’s Vote in the Initial ACA Case”: Mark Tushnet had this post yesterday at the “Balkinization” blog. [read post]
31 Mar 2019, 9:24 am
As Mark Tushnet's astute post points out, Joan Biskupic's recent biography of Chief Justice John Roberts does not actually establish that the Chief Justice changed his mind on any constitutional question in the case, let alone that he moved from doing "law" to doing "politics. [read post]
