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16 Apr 2018, 9:50 am by Paul Horwitz
In a response to Howard's post below about the "Blackman incident," Mark Tushnet has a valuable comment, citing to recent work by Jeremy Waldron, arguing for a particular interpretation of heckler's veto doctrine. [read post]
16 Apr 2018, 4:11 am by Rebecca Tushnet
– strong signals.Rebecca Tushnet: with Ramsey present I don’t have to be the optimistic advocate for working the law pure, so I can be the cynic. [read post]
30 Mar 2018, 9:30 pm by Dan Ernst
.' Supreme Court of India: The Beginnings this past week, featuring LHB blogger Mitra Sharafi, Mark Tushnet, and Sugata Bose. [read post]
29 Mar 2018, 10:21 am by Ezra Rosser
New Book Chapter: Mark Tushnet, The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt, SSRN 2018. [read post]
28 Mar 2018, 10:37 am by Dan Rodriguez
My first point follows up on Mark Tushnet’s idea that law schools should be encouraged to pursue institutional pluralism. [read post]
20 Mar 2018, 4:24 am by Dan Rodriguez
Institutional Pluralism, Metrics, and Diversity Mike Madison’s “Invitation” has sparked much insightful commentary here, and I wanted to continue the conversation by engaging with an important point from Mark Tushnet’s intervention. [read post]
13 Mar 2018, 3:42 pm by Dan Ernst
Mark Tushnet, Harvard Law School, has posted Critical Legal Studies and the Rule of Law, which is forthcoming in the Cambridge Companion to the Rule of Law, edited by Marti Loughlin and Jens Meierhenrich:This brief essay, to appear in the Cambridge Companion to the Rule of Law (Marti Loughlin & Jens Meierhenrich eds.), describes what critical legal scholars said – or perhaps more accurately – would have said – about the concept of the rule of law. [read post]
12 Mar 2018, 9:57 am by Michael Madison
” (Mark Tushnet, Harvard University) “An important first step is taking stock of our core values. [read post]
9 Mar 2018, 11:21 am by June Casey
The book talk discussion will include: Mark Tushnet, William Nelson Cromwell Professor of Law; Sugata Bose, Gardiner Professor of Oceanic History and Affairs, Harvard University; Mitra Sharafi, Associate Professor of Law, University of Wisconsin School of Law; and Vasujith Ram, LLM student, Harvard Law School. [read post]
12 Feb 2018, 3:46 pm by Sandy Levinson
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson,  Mark Tushnet  Present by video:  Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
12 Feb 2018, 3:46 pm by Sandy Levinson
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson,  Mark Tushnet  Present by video:  Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
15 Dec 2017, 7:25 am by Ronald Collins
” Harvard Law School professor Mark Tushnet also included an excerpt in his edited book, “I Dissent: Great Opposing Opinions in Landmark Cases” (2008). [read post]
12 Dec 2017, 1:18 pm by Ron Coleman
 Rebecca Tushnet: If the fact that the torso wearing the collar and bow tie is unclothed is not part of the mark, then any man in an outfit with cuffs and a bow tie is copying the Chippendale’s mark. [read post]
28 Nov 2017, 5:39 am by Richard Primus
  Readers interested in a broad conversation could read Jack Balkin, Mark Tushnet, Ilya Somin, Josh Blackman, Neil Siegel, and David Super, as well as a responseto my initial essay from Calabresi and Hirji themselves. [read post]
27 Nov 2017, 7:30 am by Ilya Somin
Back in July, Harvard Law Professor Mark Tushnet (who stands at the opposite end of the political spectrum from Calabresi) urged Democrats to consider “expanding the Supreme Court to eleven (or more)” when they get the chance. [read post]
26 Nov 2017, 3:42 pm
And in recent related posts at that blog, Mark Tushnet has a post titled "Expanding the Judiciary, the Senate Rules, and the Small-c constitution," while Jack M. [read post]
26 Nov 2017, 1:42 pm by Guest Blogger
Likewise, the disagreement between Richard Primus and Mark Tushnet over how the Democrats should respond to the mistreatment of Chief Judge Merrick Garland or any enactment of the proposal of Steven Calabresi and Shams Hirji to pack the lower federal courts indicates that “Court Packing, The Sequel” is unlikely to divide people simply along party lines.3. [read post]
12 Nov 2017, 6:04 pm by Camilla Alexandra Hrdy
On aggregate, using a human-based PHOSITA standard in this type of situation would lead to far too many patents that are in fact obvious to machines (p. 26).The implications of advanced artificial intelligence for intellectual property law is an emerging area that several scholars have begun to tackle, including Liza Vertinsky, Shlomit Yanisky-Ravid, Xiaoqiong (Jackie) Liu, Samuel Moorhead, Amanda Levandowski, and Mark Lemley, among others. [read post]
9 Oct 2017, 9:30 pm by Dan Ernst
”—Mark Tushnet, Harvard Law School “In this engrossing and meticulous assessment of civil cases in local and state courts, Melissa Milewski builds on considerable research to discern African Americans’ legal strategies for protecting their hard-earned rights and navigating the judicial landscape of the New South. [read post]