Search for: "Mark Tushnet"
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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]
6 Jun 2018, 4:29 am
” Additional commentary comes from Mark Pulliam at American Greatness, Louise Melling at Slate, Leslie Griffin at ACS Blog, the First Amendment Blog, Kate Shaw in an op-ed for The New York Times, Silas House, also in a New York Times op-ed, Julia Raifman and Michael Ulrich at WBUR’s Cognoscenti blog, Cullen Seltzer at Sands Anderson, Steve Schiffrin at Religious Left Law, Mark Tushnet at Balkinization, Christine Emba in an op-ed for The Washington Post,… [read post]
5 Jun 2018, 8:30 am
Mark Tushnet appears to agree. [read post]
4 Jun 2018, 8:27 am
Trademark: the right to preserve the mark against disparagement, dilution. [read post]
16 May 2018, 11:03 am
The marks and the products on which the marks are used can be, but need not be, identical. [read post]
8 May 2018, 9:50 am
” In brief, Whittington argues: (1) that commanding a President to appear before a court and provide testimony “intrudes on the core functioning of a coordinate branch” in a way that commanding the President to turn over documents or even recordings does not; and (2) the courts should be reluctant to play (borrowing Mark Tushnet’s phrase) “constitutional hardball” against the political branches in general, and most especially here, where they… [read post]
25 Apr 2018, 12:32 pm
Although I agree with Mark Tushnet that institutional pluralism is needed, I worry that we often reinvent wheels separately without learning from one another. [read post]
