Search for: "Mark Tushnet"
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30 Sep 2024, 6:30 am
Mark Tushnet, Constitutional Collaboration and Constitutional Showdowns4. [read post]
28 Sep 2024, 6:30 am
Conflict and Collaboration; showdown and slowdown Professor Mark Tushnet provides an illuminating analysis of the relationship between conflict and collaboration in The Collaborative Constitution. [read post]
27 Sep 2024, 7:30 am
The resulting picture is one of diverse institutions interacting, counteracting, and collaborating in a common project of governance in mutually respectful and mutually responsive ways.I am indebted to Professors Erin Delaney, Stephen Gardbaum, Lawrence Solum and Mark Tushnet for their insightful reflections on The Collaborative Constitution. [read post]
26 Sep 2024, 6:30 am
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
13 Sep 2024, 6:30 am
For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023).Mark Tushnet Aileen Kavanagh offers an extremely important alternative to the common way of organizing our thinking about constitutional review around the dichotomy “judicial” and “political” constitutionalism. [read post]
12 Sep 2024, 8:00 am
We have assembled a terrific group of commentators, including Erin Delaney (UCL/Northwestern), Stephen Gardbaum (UCLA), Lawrence Solum (Virginia), and Mark Tushnet (Harvard).At the conclusion, Aileen will respond to the commentators. [read post]
26 Aug 2024, 4:30 am
Mark Tushnet (Harvard Law School) has posted Court Reform for Progressives: A Primer on Constitutional Considerations on SSRN. [read post]
8 Aug 2024, 11:11 am
Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. [read post]
8 Aug 2024, 6:30 am
Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020).August 16, 2020Balkinization Symposium on Mark Tushnet's new book, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).June 24, 2020Balkinization Symposium on Linda McClain's new book, Who's the Bigot? [read post]
6 Jul 2024, 3:22 pm
[Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.] [read post]
5 Jul 2024, 10:50 am
The brilliant, provocative, and always interesting Mark Tushnet has a post entitled "Textualism and Linguistic Drift. [read post]
4 Jul 2024, 1:06 pm
[My seminar picks for 2024 (and every year since 2005).] [read post]
1 Jul 2024, 4:05 am
Elenis, (Notre Dame Law Review, Forthcoming).Mark V. [read post]
28 Jun 2024, 9:30 pm
Mark Tushnet thinks some more about originalism (after stopping trying to make sense of originalism) (X). [read post]
27 Jun 2024, 9:40 am
Other commentators have provided excellent summaries of the Supreme Court’s holding in Elster, including trademark experts Ted Davis and Ryan Kurtiak, Laura Heymann, Rebecca Tushnet, and John Welch; constitutional law professors Josh Blackman, Mike Ramsey, and Eugene Volokh; and news reporters Kyle Jahner and Aruni Soni. [read post]
17 Apr 2024, 9:07 am
The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. [read post]
2 Apr 2024, 2:03 pm
Mark Tushnet appeared first on Reason.com. [read post]
6 Mar 2024, 3:00 am
Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin even called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
23 Feb 2024, 1:43 pm
Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? [read post]
20 Feb 2024, 8:55 am
The scholarly pursuits of Mark Tushnet reflect and embody this remarkable transformation. [read post]
