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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, 2:09 pm by Will Baude
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 by Peter Margulies
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 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]
8 Jun 2017, 11:42 am by Shannon Togawa Mercer
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 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]