Search for: "Mark Tushnet"
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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]
11 Oct 2018, 7:05 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]
6 Oct 2018, 7:50 am
The fight over the Kavanaugh appointment exemplifies our country's advanced case of constitutional rot. [read post]
18 Sep 2018, 12:24 pm
Graber, Sanford Levinson and Mark Tushnet (Oxford Univ. [read post]
12 Sep 2018, 4:56 pm
On the other side, find Rebecca Tushnet, What’s the Harm of Trademark Infringement? [read post]
28 Aug 2018, 8:01 am
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.More details here. [read post]
28 Aug 2018, 7:30 am
Participants in other panels at the conference include Mark Tushnet (Harvard), Jamal Greene (Columbia), Adam Liptak (New York Times), Pamela Karlan (Stanford), and VC bloggers Jonathan Adler, Eugene Volokh, and Sasha Volokh, among others. [read post]
24 Aug 2018, 9:30 pm
Although it sounds in constitutional law more than constitutional history, LHB readers will be interested in the just published Constitutional Democracy in Crisis (Oxford University Press), for which Mark Graber, Sandford Levinson, and Mark Tushnet “asked thirty-five of the leading experts on constitutionalism to consider the state of constitutional democracy with respect to particular countries, regions and problems. [read post]
24 Aug 2018, 8:07 am
Mark Lemley (Stanford), Mark McKenna (Notre Dame), and Rebecca Tushnet (Harvard) have joined together in supporting the rehearing. [read post]
23 Aug 2018, 6:22 am
Last fall, Sandy Levinson, Mark Tushnet and I asked thirty-five of the leading experts on constitutionalism to consider the state of constitutional democracy with respect to particular countries, regions and problems. [read post]
17 Aug 2018, 6:27 pm
Yale University 2160 Constitutional Law, Legislation 67 7 Akhil Amar Yale University 1600 Constitutional Law 60 8 Thomas Merrill Columbia University 1595 Administrative, Constitutional, and Property Law 69 9 Mark Tushnet Harvard University 1590 Constitutional Law, Legal History 72 10 Jack M. [read post]
15 Aug 2018, 2:59 pm
Asay cdasay BYU Christy Hurt ach_ BYU Gordon Smith professor_smith BYU Ari Ezra Waldman ariezrawaldman Cal Western James Coleman energylawprf Calgary Jassmine Girgis JassmineGirgis Calgary Corporate restructuring Corporate law Contracts Lorian Hardcastle Lorian_H Calgary Health law Ian Holloway LawDeanHolloway Calgary Fenner Stewart fennerstewart Calgary … [read post]
8 Aug 2018, 8:16 am
As one court recently summarized: Virtually no court has held that, on its own, a defendant’s purchase of a plaintiff’s mark as a keyword term is sufficient for liability. [read post]
5 Jul 2018, 4:15 am
” At Balkinization, Mark Tushnet questions the value of the presidential interview to the selection process. [read post]
21 Jun 2018, 2:06 pm
In 2004, Harvard law professor Mark Tushnet wrote an influential article called “Constitutional Hardball. [read post]
