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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]
In a recent posting, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: There’s another case that I think is easy one way, although I know lots of people who think it’s easy in just the opposite way: when a raucous crowd shouts down the speaker. [read post]
24 Sep 2017, 3:02 pm by Howard Wasserman
Mark Tushnet, writing on Vox and Balkinization, argues that the counter-speakers/hecklers/audience members who attempt to shout down other speakers engage in constitutionally protected activities and the First Amendment is violated by many of a state university's efforts to stop hecklers. [read post]
16 Aug 2017, 3:39 am by Edith Roberts
” At Balkinization, Mark Tushnet weighs in on Christie v. [read post]
15 Aug 2017, 2:32 pm by Marty Lederman
Mark Tushnet suggests that there's a very straightforward way of looking at Christie v. [read post]
14 Aug 2017, 8:16 am by Joseph Fishkin
A committee composed of members of ACS’s Board of Academic Advisors will select 10 papers and each selected author will have the opportunity to discuss his/her paper in depth with two experienced scholars, from a group that includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler.Papers can be in any field related to public law, including but not limited to: constitutional law, administrative law, antidiscrimination law, criminal… [read post]
12 Aug 2017, 7:42 am by Eric Goldman
(Paging Rebecca Tushnet, who has shown through FOIA requests that our own government can’t make that distinction either). [read post]
24 Jul 2017, 9:30 pm by Lisa P. Ramsey
Courts may also find other trademark registration laws unconstitutional after Tam, as discussed by Professor Rebecca Tushnet and others concerned about the decision. [read post]
13 Jul 2017, 9:35 am by Dan Ernst
., Mark Tushnet, and Richard White and a response by Professor Kessler. [read post]
10 Jul 2017, 9:11 am by Paul Horwitz
I very much hope to get around to this post by Mark Tushnet on the obligations of those who comment on contemporary political issues. [read post]
5 Jul 2017, 9:30 pm by Karen Tani
" --Mark Tushnet "Baum offers a unique perspective on the Supreme Court. [read post]
20 Jun 2017, 11:25 am by Christine Farley
Although this is not the decision I was hoping for in this case — I filed an amicus brief co-authored with Rebecca Tushnet on behalf of 31 law professors in support of the government — it is the decision I was expecting. [read post]
16 Jun 2017, 12:50 pm by Dan Ernst
As many LHB readers are aware, the Law and Society Association hosts "Collaborative Research Networks" that sponsors panels for its annual meeting. [read post]
13 Jun 2017, 4:45 am by Edith Roberts
Mark Walsh offers a “view” from the courtroom at this blog. [read post]
9 Jun 2017, 9:30 pm by Karen Tani
From the English Legal History blog: The Right to Vote, Women’s Suffrage, and Tumultuous Petitions ("a discussion of the history of voting rights in Parliamentary elections").Over at Balkinization, Mark Tushnet (Harvard Law School) urges someone to write a history of "'working the refs,' meaning the Supreme Court, by framing issues before the Court not as raising contestable legal questions on which the author is taking a side, but as presenting the… [read post]
6 Jun 2017, 8:00 am by Dan Epps
Joshua Matz raised the problem of potential mootness last week; Marty Lederman has a detailed post on the issue arguing that the Court should deny the Government's cert petition because the ban expires imminently; Mark Tushnet offered some thoughts along somewhat similar lines. [read post]
2 Jun 2017, 5:18 pm by Will Baude
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
2 Jun 2017, 4:33 am by Edith Roberts
At Balkinization, Mark Tushnet observes that the government’s requests provide the court with an “easy out”: Grant the stay of the Hawaii injunction, thereby allowing the government to proceed with its internal review of screening procedures, deny the stay of the Fourth Circuit injunction, and do whatever the heck they want about the petition for certiorari …, but set the argument for the fall,” when the “case will … almost certainly be… [read post]