Search for: "Mark Tushnet"
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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]
23 Mar 2017, 3:02 pm
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
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
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
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
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]
1 Feb 2017, 11:50 am
But it was a case of what Mark Tushnet calls “constitutional hardball,” indeed hardball pushed to an extreme level—a level at which the game itself may fall apart. [read post]
27 Jan 2017, 12:04 pm
Macro: it is more attractive on the whole even if I’m not going to purchase disparagingly marked products. [read post]
25 Jan 2017, 12:13 pm
Tushnet, Alan K. [read post]
20 Jan 2017, 9:30 pm
Update: A fun fact from Mark Tushnet: "For more than 125 years, the Senate has not confirmed a Supreme Court nominee chosen by a president who lost the popular vote. [read post]
20 Jan 2017, 8:46 am
Vermeule’s colleague Mark Tushnet famously criticized the tendency of lawyers to think that they can master astrophysics (and all other disciplines) in a weekend of study. [read post]
19 Jan 2017, 10:17 am
Mark Graber has argued, “Whether government officials restrict liberty, history suggests, depends more on ethnic stereotypes and contestable beliefs about the value of civil liberties than on clear threats presented by the exercise of a particular right during a particular war. [read post]
19 Jan 2017, 8:08 am
Rebecca Tushnet, Georgetown University (representing Law Professors on amicus brief)TM is a right to suppress speech. [read post]
17 Jan 2017, 4:19 pm
Having insisted, with Mark Tushnet, that the AALS is a trade ass'n advocating vigorously on behalf of its member schools, Paul (and Orin, too) rightly insist that the organization can and should function as a learned society, this for the benefit of the hard-working law profs whose skills, energies, and commitments are essential to our collective mission. [read post]
