Search for: "Mark Tushnet"
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12 Apr 2015, 6:03 pm
Mark Tushnet, Harvard Law School, has published Civil Rights Policy. [read post]
18 Sep 2016, 9:30 pm
” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’'s most recent threat to secede from the United States. [read post]
10 Sep 2019, 3:30 am
Mark Tushnet, for instance, distinguishes between different forms of populism and identifies the constitutional implications of right- and left-wing populist policies. [read post]
28 Jun 2024, 9:30 pm
Mark Tushnet thinks some more about originalism (after stopping trying to make sense of originalism) (X). [read post]
8 Sep 2022, 5:01 am
Mark Tushnet, in addressing a previous article of mine on traditionalism, observed: Referring to the Bladensburg cross case, DeGirolami criticizes Justice Breyer for "drawing" the practice with reference solely to the very cross at issue…But, of course, that criticism doesn't address the possibility that we could characterize the cross a little more generally—as a token of a practice involving crosses as symbols of wartime sacrifice in connection with a… [read post]
6 May 2016, 3:30 am
Rebecca Tushnet has explained that Abercrombie “lacks empirical foundation” and is out of step with basic marketing knowledge, such as that an ostensibly fanciful mark like VIAGRA is already imbued with “suggestions of virility, viability, and Niagara Falls (a classic sexual image). [read post]
22 Apr 2011, 9:21 am
McGeveran has identified many such interests, and Tushnet also in the value of play. [read post]
13 Jul 2007, 7:11 am
Mark Tushnet coined the term "constitutional hardball" to describe practices that seem to transcend settled expectations of what is permissible within the constitutional order. [read post]
8 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Silvia SuteuTushnet and Bugaric offer a welcome reassessment of our understanding of populism in a constitutional key. [read post]
4 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Martin Loughlin One of the most remarkable features of contemporary legal scholarship has been the rapid growth of comparative studies of constitutional law. [read post]
1 Sep 2006, 6:54 pm
The classic trademark spectrum (ranging from fanciful/arbitrary to generic marks) also rewards uniqueness. [read post]
29 Mar 2016, 7:54 pm
Republished by Blog Post PromoterRebecca Tushnet’s 43(B)log writes about a recent decision in the U.S. [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]
30 Sep 2021, 3:30 am
Mark Tushnet served as the Summer 2021 Dædalus Issue’s Guest Editor, compiling essays from leading lights of administrative law like Cass Sunstein, Aaron Nielson, and Judge Neomi Rao. [read post]
8 Nov 2011, 7:41 am
Fanciful mark did worse re CONSUMER RECONGITION as a mark than the descriptive/suggestive marks. [read post]
8 Jul 2012, 11:44 pm
Sebelius, or to whether he truly flip-flopped on the mandate or (as Mark Tushnet suggests) he had been the “least persuaded” of the anti-mandate arguments at the initial conference and eventually concluded that it could be upheld. [read post]
17 Feb 2014, 4:36 am
Harvard Law Review Symposium 2014: Freedom of the PressIntroduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. [read post]
23 May 2012, 7:23 am
Mark Tushnet raises, much better than I could, a question that has certainly been nagging at me these past few weeks if not months now. [read post]
8 Feb 2023, 6:30 am
Mark Tushnet, Does it really take a Theory to beat a Theory? [read post]
15 Oct 2018, 4:05 am
(Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).Marie T. [read post]
