Search for: "Mark Tushnet"
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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, 2:09 pm
Goldberg, Eli Goldston Professor of Law Professor Mark V. [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]
16 Jan 2017, 6:10 pm
HLS's Mark Tushnet has a post on conservatives and civil liberties over at Balkinization. [read post]
11 Jan 2017, 6:45 am
I'm grateful to those who read and commented on my series of posts on the AALS annual meeting, especially but not limited to Mark Tushnet and Dan Rodriguez, who are both past presidents of the AALS. [read post]
5 Jan 2017, 6:22 am
I should add as a side note that readers may be interested in this post by Mark Tushnet at Balkinization discussing whether the AALS is a learned society or something else--specifically, something more like the trade organization for law schools that I pushed against in my first post. [read post]
23 Dec 2016, 1:24 pm
“LV claims that dilution law allows it to prevent the creation of unauthorized new associations with its mark, which is to say, to prevent consumers from forming new opinions and beliefs even in the absence of deception,” the brief said. [read post]
23 Dec 2016, 8:11 am
Richard Schragger, Micah Schwartzman, and Nelson TebbeWe are less sanguine than Mark Tushnet that the "culture wars" are over and progressives have won, as we argue in a recent piece in Vox. [read post]
21 Dec 2016, 5:04 pm
Fortunately, of course, Trump won and Commissar Tushnet will not be running reeducation camps anytime soon. [read post]
