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10 Sep 2019, 3:30 am by Hoi Kong
 Mark Tushnet, for instance, distinguishes between different forms of populism and identifies the constitutional implications of right- and left-wing populist policies. [read post]
8 Sep 2022, 5:01 am by Marc DeGirolami
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 by Lisa Larrimore Ouellette
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 by RT
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]
4 Mar 2022, 6:30 am by Guest Blogger
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]
8 Mar 2022, 6:30 am by Guest Blogger
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]
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 by Ron Coleman
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 by Deborah Pearlstein
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 by Eli Nachmany
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 by Rebecca Tushnet
Fanciful mark did worse re CONSUMER RECONGITION as a mark than the descriptive/suggestive marks. [read post]
8 Jul 2012, 11:44 pm by Jonathan H. Adler
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 by Rebecca Tushnet
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 by Paul Horwitz
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]
15 Oct 2018, 4:05 am by Howard Friedman
(Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).Marie T. [read post]
24 Aug 2018, 9:30 pm by ernst
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]
12 Jan 2016, 2:59 pm by Jeremy K. Kessler
My review of Dan Ernst's eye-opening Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940 is now out in the Harvard Law Review, along with Mark Tushnet's illuminating response. [read post]
30 Jul 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Aaron BelkinI was honored to be asked to review Mark Tushnet’s Taking Back the Constitution, a brilliant and well-written book that I enjoyed reading. [read post]