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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, 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]
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]
10 Jun 2016, 7:35 am
Introduction: Mark Lemley: All the circuits that have ruled on the issue have said eBay applies to TM, so that we are to apply the four part test for injunctions preliminary and permanent. [read post]
7 Jun 2016, 11:04 am
[Note: Professor John Inazu has written the following response to Professor Mark Tushnet's three posts about John's new book, Confident Pluralism: Surviving and Thriving Through Deep Difference] Confident Pluralism, Expressive Association, and “Tone” Mark Tushnet has a series of posts on Balkinization commenting on my new book, Confident Pluralism: Surviving and Thriving Through Deep Difference. [read post]
21 May 2016, 1:01 am
As law professor Mark Tushnet wrote in 2007 (Out of Range, Oxford University Press), the new dispute over the Second Amendment can be understood as part of the “culture wars” now dividing the country. [read post]
20 May 2016, 12:25 pm
Session 3 – Defamation and SpeechDiscussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey Silbey: Alvarez and a theory of deception as speech. [read post]
17 May 2016, 11:43 am
Mark Tushnet) of how dreadful a Clinton-appointed Supreme Court would be.I am unhappy to report that that's not the principal reason Sec. [read post]
17 May 2016, 9:18 am
She's a child of the Sixties, has moved even further to the left to hold off Bernie Sanders, and has embraced the toxic Black Lives Matter movement.Lest there be any doubt about what to expect from a Hillary-appointed Court, Mark Tushnet, a liberal Harvard Law professor, pulls back the curtain in this revealing piece. [read post]
13 May 2016, 9:30 pm
Supreme Court, with Jeffrey Rosen, Clyde Spillenger, Melvin Urofsky, Mark Tushnet and Tomiko Brown-Nagin. [read post]
12 May 2016, 10:46 am
Like Paul, I read with interest -- and, in my own case, I was both provoked and taken aback by -- Mark Tushnet's recent post at Balkinization on "abandoning defensive crouch liberal constitutionalism. [read post]
11 May 2016, 8:40 am
Mark Tushnet, Harvard Law School, has published The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law. [read post]
7 May 2016, 8:30 am
Although I found it horrifying, I also immensely enjoyed Mark Tushnet's post yesterday recommending that "liberals" abandon "defensive crouch liberal constitutionalism. [read post]
6 May 2016, 3:30 am
Rebecca Tushnet has explained that Abercrombie “lacks empirical foundation” and is out of step with basic marketing knowledge, such as that an ostensibly fanciful mark like VIAGRA is already imbued with “suggestions of virility, viability, and Niagara Falls (a classic sexual image). [read post]
