Search for: "Mark Tushnet"
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16 Jun 2017, 12:50 pm
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, 2:09 pm
One possibility is Mark Tushnet’s suggestion that the court is actually requiring the executive branch to exercise prosecutorial discretion in favor of Morales-Santana if possible, but nobody else seems to share that reading of the opinion and I don’t think I do either. [read post]
13 Jun 2017, 5:30 am
As Mark Tushnet observed here, this modification of the District Court’s injunction also leaves open the possibility that the government will complete its task before any Supreme Court review, upping the chances that the Court will hold that the case is moot. [read post]
13 Jun 2017, 4:45 am
Mark Walsh offers a “view” from the courtroom at this blog. [read post]
9 Jun 2017, 9:30 pm
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]
8 Jun 2017, 11:42 am
Mark Tushnet, law professor: So far there's nothing that dramatically changes the picture — lots of pieces of evidence that could go into making a criminal case and very little to weaken such a case but nothing that in itself shows criminal intent. [read post]
6 Jun 2017, 8:00 am
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, 7:27 pm
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
2 Jun 2017, 5:18 pm
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, 3:42 pm
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
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]
1 Jun 2017, 8:00 am
Urofsky, Mark Tushnet, and Keith Whittington.The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. [read post]
1 Jun 2017, 4:23 am
” At Balkinization, Mark Tushnet cites reports that the “Trump administration will soon ask the Supreme Court to stay the Fourth Circuit’s order upholding the nationwide injunction against the so-called travel ban”; he notes that “the Supreme Court certainly has the power to stay the Fourth Circuit’s decision [modify the underlying injunction] on the Court’s own understanding — or determination — that the government can resume… [read post]
15 May 2017, 6:56 am
Tushnet could testify in rebuttal on legal matters. [read post]
4 May 2017, 11:09 am
Finally, and this is perhaps the most remarkable point of the speech, Alito engages, without naming names, Mark Tushnet's (ironically, a prominent crit himself) Balkinization post regarding the culture wars: Here are the words of a professor from Harvard Law School, in May of last year, proclaiming, maybe prematurely, that the left had won the culture wars—the professor had the following advice. [read post]
18 Apr 2017, 6:15 pm
Graber, Mark A., Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [read post]
5 Apr 2017, 10:23 am
Other previous guest authors are a “Who’s Who” of con law professors: Alex Aleinikoff, Akhil Amar, Robert Bennett, David Bernstein, Frank Buckley, Laura Donohue, Garrett Epps, Jim Fleming, Alison LaCroix, Dan Farber, Elizabeth Price Foley, Christopher Fritz, Michael Gerhardt, Abner Greene, Michael Greve, Steve Griffin, Stephen Gardbaum, Philip Hamburger, Thomas Healy, John Inazu, Sandy Levinson, Gerard Magliocca, Earl Maltz, John McGinnis, Clark Neily, Mike Paulsen, Jeff Powell,… [read post]
31 Mar 2017, 11:13 am
Tushnet finds it is “implausible that ICE has no documents of its own” that instruct officers on how to distinguish counterfeit marks. [read post]
31 Mar 2017, 9:08 am
Jeanne Fromer & Mark McKenna, Claiming DesignCommentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and trade dress. [read post]
29 Mar 2017, 2:13 pm
Richard Posner panel presentation (by videoconference) with respondents, followed by Q & A10:45 AM - Break11:00 AM - Professor Mark Tushnet panel presentation with respondents, followed by Q & A12:00 PM - Lunch with Luncheon Address by Dean Erwin Chemerinsky, followed by Q & A1:30 PM - Professor Akhil Amar panel presentation with respondents, followed by Q & A2:00 PM - Afternoon Break3:00 PM - Panel Break-Out SessionsSupreme Court Politicization - Historical… [read post]
