Search for: "Mark Tushnet"
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12 Jan 2016, 2:59 pm
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]
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]
30 Jul 2020, 6:30 am
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]
20 May 2009, 6:00 am
" The article quotes Mark Robinson (who argued on behalf of the plaintiffs in Tobacco) and Will Stern (who authored Prop. 64). [read post]
8 Nov 2014, 3:30 am
Sat Nov 8 9:00-9:30Breakfast 9:30 – 10:45 Counterpoint: James Chen, Modeling Law Review Impact Factors as an Exponential Distribution Patrick Woods, Stop Counting (Or At Least Count Better) 11- 11:45 Benjamin Keele, Improving Digital Publishing of Legal Scholarship [via remote participation] 12-12:45Mark Tushnet, The Federal Courts Junior Scholars Workshop (originally submitted as a contribution to Jotwell). 12:45-2:00 LUNCH 2:15- 3:00 Frank Pasquale, Symbiotic Law & Social… [read post]
16 Apr 2008, 2:16 pm
Rebecca Tushnet and Eric Goldman posted comments about the Roundtable, here, here, here, here, and here. [read post]
7 Oct 2007, 9:06 pm
” On Oct. 6, 2006, President Bush signed the Trademark Dilution Revision Act, which changed how practitioners, academics, trademark owners, and the courts view famous marks. [read post]
1 May 2015, 5:43 pm
Constitutional Law: Critical and Comparative, By Mark Tushnet, Posted on April 4, 2015.http://papers.ssrn.com/sol3/papers.cfm? [read post]
20 Nov 2007, 11:39 am
Also, Cass Sunstein has this excellent article in the most recent issue of the New Republic reviewing a new Second Amendment book by Mark Tushnet. [read post]
21 Jul 2007, 1:47 pm
Here is the abstract:In this essay, written for a symposium on the work of Mark Tushnet, I examine Tushnet's effort to defend popular constitutionalism in his powerful and subtle book entitled "A Taking the Constitution Away from the Courts," I ask whether the book succeeds in reconciling constitutionalism with leftism. [read post]
17 Jul 2007, 8:15 am
Here is the abstract:In this essay, written for a symposium on the work of Mark Tushnet, I examine Tushnet's effort to defend popular constitutionalism in his powerful and subtle book entitled "A Taking the Constitution Away from the Courts," I ask whether the book succeeds in reconciling constitutionalism with leftism. [read post]
12 Dec 2016, 6:12 am
Back on May 6th on Balkinization, Harvard law professor Mark Tushnet had some advice for “liberals” entitled: Abandoning Defensive Crouch Liberal Constitutionalism. [read post]
11 Mar 2019, 9:19 am
LAW LIBRARY level 3: K3165 .T87 2018Mark Tushnet, Advanced Introduction to Comparative Constitutional Law, 2d ed. [read post]
16 Jun 2020, 6:57 am
The night of the historic oral argument, Christine Farley of American University Washington College of Law hosted a discussion where I joined Rebecca Tushnet, Marty Schwimmer, and Cara Gagliano to recap the argument and discuss the case. [read post]
8 Mar 2022, 10:30 am
Mark Lemley, Stanford Law School Prof. [read post]
16 Jan 2014, 3:30 am
Mark Tushnet Every once in a while you read an article that makes you smack your head and say, “Duh—this is so obvious (and obviously right)—that I can’t understand why I didn’t see it before. [read post]
11 Nov 2018, 9:50 am
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
3 Apr 2011, 1:35 pm
Aagaard Lecture Administrative Law in the 1930s: The Supreme Court’s Accommodation of Progressive Legal Theory Mark Tushnet Note Promoting Progress with Fair Use Joshua N. [read post]
5 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
28 Nov 2011, 12:59 pm
READ MORE “I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication Mark Tushnet :: In this response to Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, Professor Mark Tushnet raises two potential problems with Professor Dan Kahan’s argument that the Supreme Court can restore public faith in its neutrality by avoiding “motivated reasoning” and… [read post]
