Search for: "Mark Tushnet"
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12 Nov 2016, 7:04 am
Just for the record -- I received the following e-mail this morning, which I suppose the writer thinks is cleverly satirical:Dear MARK TUSHNET: Your report date at the EASTERN UNITED STATES Re-education Camp is: NOVEMBER 15, 2016 Bring a toothbrush. [read post]
20 Oct 2016, 1:39 pm
The opinion is nonetheless “the best example of what a dissent can do,” Urofsky quoted Harvard Law School professor Mark Tushnet as saying. [read post]
19 Oct 2016, 1:38 pm
As evidenced, for example, by his opinions in Hobby Lobby and Obergefell, Justice Alito empathizes with the plight of traditionalist conservatives as the world changes profoundly around them, and he seeks to preserve their ability to refuse to accept the new normal.Given the "hinge" point in American constitutional history that appears to be fast arriving, I also predict that Justice Alito's dissents on behalf of traditionalist dissenters will become more frequent and more strident in… [read post]
14 Oct 2016, 8:16 am
Choice is a legislative matter.Rebecca Tushnet, Georgetown Law: Concerns of those supporting Samsung: Now that the seal on mentioning trolls has been broken. [read post]
14 Oct 2016, 7:02 am
Keller & Rebecca Tushnet, Even More Parodic than the Real Thing: Parody Lawsuits Revisited, 94 Trademark Rep. 979-1016 (2004). [read post]
6 Oct 2016, 11:30 am
Richard Posner (by teleconference)Deanell Tacha (Pepperdine)Mark Tushnet (Harvard) Speaking slots are limited and proposals will be selected on the basis of, among other things, how well they facilitate comprehensive coverage of the questions to be examined. [read post]
3 Oct 2016, 3:17 am
Randy Barnett and Josh Blackman: yes, the confirmation process had gone wrong, but not necessarily in the way we’re told [National Affairs] A case against judicial restraint [Ilya Shapiro, same, related Cato] “Business and the Roberts Court without Scalia” [Jonathan Adler, related on supposed “pro-business” Court] SCOTUS should (again) step in to reject Obama end-run around advice/consent on appointment power [Ilya Shapiro and Thomas Berry, Cato] The… [read post]
27 Sep 2016, 2:11 pm
"From Mark Tushnet, In the Balance: Law and Politics on the Roberts Court (2013), p. xii -- "The future of the Court will be shaped not only by the nominations that President Obama and his successors will make, but by the competition between Roberts and Kagan for intellectual leadership of the Court, as each forcefully articulates differing views about the balance between law and politics. [read post]
25 Sep 2016, 9:30 pm
”—Mark Tushnet, Harvard Law School [read post]
18 Sep 2016, 9:30 pm
” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’'s most recent threat to secede from the United States. [read post]
15 Sep 2016, 8:09 am
Por un lado, nos proponemos homenajear la reconocida trayectoria del profesor Mark Tushnet; y por el otro, queremos ayudar a difundir en Hispanoamérica su teoría constitucional, que representa uno de los pensamientos más abiertos y avanzados que hoy pueden encontrarse en el área. [read post]
8 Sep 2016, 8:00 am
” The 10-week series, which kicked off Wednesday, is a joint effort on the part of the Dean’s office and Law School professor Mark Tushnet’s reading group, which bears the same title as the series. [read post]
12 Aug 2016, 4:49 pm
The Nature of Sequential InnovationChristopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing. [read post]
5 Aug 2016, 8:40 am
The announcement explains: "A committee composed of members of ACS’s Board of Academic Advisors will select 10 papers and each selected author will have the opportunity to discuss his/her paper in depth with two experienced scholars, from a group that includes Erwin Chemerinsky, Pamela Karlan, Bill Marshall, Reva Siegel, Mark Tushnet, and Adam Winkler. [read post]
3 Aug 2016, 7:17 am
In her spare time, she publishes "Rebecca Tushnet's 43(b)log. [read post]
27 Jul 2016, 9:05 pm
As government’s grip tightens in Turkey, Erdogan begins rounding up journalists [New York Times, Jonathan Turley on aftermath of coup attempt] German court fines man $2,480 for comparing state politician’s IQ to that of “a piece of toast” [Deutsche Welle] University of Cape Town disinvites free speech hero and Cato fellow Flemming Rose, of Danish cartoons fame, prompting letters of protest from Nadine Strossen, Floyd Abrams, Kenan Malik [John Samples] “If it’s… [read post]
25 Jul 2016, 10:49 am
As Tushnet notes, law & econ scholars defend registration as a way to "provide cheap notice to potential adopters" of a mark; simultaneously requiring actual use, they contend, serves to "avoid rent seeking behavior by squatters. [read post]
25 Jul 2016, 2:53 am
And, it wouldn’t have changed the result if a different non-Asian applicant actually intended to offend those of Asian descent by adopting the same mark. [read post]
20 Jul 2016, 6:30 am
” —Mark Tushnet, author of Red, White, and Blue: A Critical Analysis of Constitutional Law“Most of modern constitutional law has its roots in the Supreme Court’s dramatic 1972 Term. [read post]
14 Jul 2016, 8:19 am
Ginsburg’s comments on Trump seem closer to the illegitimate personal endorsement side of this line than the legitimate constitutional principle side.UPDATE [Justice Ginsburg has just acknowledged that her comments fell on the wrong side of this line]On the other hand, as Mark Tushnet indicates, norms are changing. [read post]