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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, 3:42 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]
1 Jun 2017, 8:00 am by Dan Ernst
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 by Edith Roberts
” 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]
4 May 2017, 11:09 am by Calvin TerBeek
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 by Morgan Weiland
Graber, Mark A., Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [read post]
5 Apr 2017, 10:23 am by Randy Barnett
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 by Rebecca Tushnet
  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 by Rebecca Tushnet
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]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
  Might be difficult to exclude such a high number.McKenna: but those people aren’t relying on marks when they buy, if they can’t tell the difference b/t car and Chevrolet.Rebecca Tushnet: Maybe even outside inherent distinctiveness the concept of TM distinctiveness is not empirical. [read post]
13 Mar 2017, 12:10 pm by David Fontana
It was almost one year ago that Mark Tushnet posted about “defensive crouch” liberal constitutionalism, a crouch featuring “every liberal position asserted nervously. [read post]
24 Feb 2017, 12:04 pm by Rebecca Tushnet
Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels.Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next FrontierIncontestability is a nearly unique feature of American trademark law, with a unique American implementation. [read post]
20 Feb 2017, 11:45 am by Steve Baird
Tam’s ability to use The Slants mark in commerce, or otherwise engage in expression or debate on any subject he wishes. [read post]
7 Feb 2017, 5:05 am by JB
It is how a constitution is supposed to work.Sometimes what people call constitutional crises are really what Mark Tushnet has called "constitutional hardball. [read post]