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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]
9 Sep 2016, 12:24 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]
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]
13 Jul 2016, 3:16 pm
Mark Tushnet emphasizes that norms change. [read post]
13 Jul 2016, 4:29 am
[cross posted from The Faculty Lounge] At Balkinization, Mark Tushnet writes, To the extent that the current flap tells us something interesting about contemporary norms regarding the Court, it is that many people think there's something important about maintaining the... [read post]
13 Jul 2016, 3:17 am
At Balkinization, Mark Tushnet writes, To the extent that the current flap tells us something interesting about contemporary norms regarding the Court, it is that many people think there's something important about maintaining the facade that the Justices are above politics, at least when they are considering actual cases. [read post]
5 Jul 2016, 3:03 pm
Mark Tushnet, a prominent skeptic of judicial power, now calls on young progressives in the legal academy to propose theories of liberal judicial activism, abandoning their previous “defensive crouch. [read post]
5 Jul 2016, 2:44 pm
After the 1976 publication of the volume on the Taney Court, Mark Tushnet suggested that “[t]he time has come to blow the whistle on the Holmes Devise History of The Supreme Court. [read post]
22 Jun 2016, 5:41 am
Of course, in the scheme of things, it just may be shown to be a whimsical, fun kitchen toy that “no reasonable person” would think was a license to manufacture competing products with the HERSHEY’S mark. [read post]
13 Jun 2016, 1:29 pm
Mark Tushnet has offered a melancholy posting about the survival of constitutionalism in the US should Donald Trump--accurately described by Meg Whitman as a would-be Mussolini (though without Mussolini's rootedness in genuine ideological debate).I continue to wonder how or why the losers of the upcoming election will accept the verdict, given that the only thing we're going to hear over the next five months is savagely personal criticism of the two leading… [read post]
13 Jun 2016, 8:49 am
I wanted to draw attention to two interesting pieces out there that have been discussed separately but are best understood together: Mark Tushnet's blog post on defensive crouch liberal constitutionalism, and Richard Primus's essay on the musical Hamilton and originalism. [read post]
12 Jun 2016, 7:26 am
(See the recent flap over Mark Tushnet’s suggestion that constitutionalists on the left abandon their defensive crouch.) [read post]
