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1 May 2016, 9:05 pm by Walter Olson
How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins] Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber] “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef,… [read post]
30 Apr 2016, 2:00 pm by Rebecca Tushnet
§2(a) allows denial of registration for disparaging marks. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer      Information LibertarianismPresenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech. [read post]
7 Apr 2016, 4:50 am by Rebecca Tushnet
Copyright Registration and the CompendiumRobert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. [read post]
1 Apr 2016, 3:29 am
Trademark Cases"Professor Rebecca Tushnet Says the CAFC's Reasoning in In re Tam Was WrongRecommended Reading: Marc J. [read post]
23 Mar 2016, 2:35 pm by Lisa Larrimore Ouellette
Rev. 505 (2010) 10 70 Tushnet, Rebecca Worth a Thousand Words: The Images of Copyright [article]  125 Harv. [read post]
2 Mar 2016, 5:11 am by Marie-Andree Weiss
That means we can never charge for anything featuring their marks or intellectual property and we will never sell the movie, DVD/Blu-ray copies, T-shirts, or anything which uses CBS owned marks or intellectual property. [read post]
25 Feb 2016, 12:46 pm by Eric Goldman
Just last week, I awarded the Judge-of-the-Day award to a different Florida federal judge, Judge Mark E. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
 Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech I’m going to talk fast so you have maximum time to yell at me. [read post]
18 Feb 2016, 11:58 am by Richard Primus
  Mark Tushnet might describe the dynamic in terms of “constitutional hardball”—with a more optimistic lens, David Pozen might speak of “countermeasures. [read post]
16 Feb 2016, 8:30 am by Mark Graber
  As Mark Tushnet observes, Scalia often wrote for the evening news or the blogs rather than for legal analysts. [read post]
27 Jan 2016, 9:35 pm by Jana FitzGerald
Panelists listen on as Mark Tushnet delivers his remarks. [read post]
17 Jan 2016, 9:30 pm by Anne Kornhauser
In his response to Jeremy Kessler's approbatory and thoughtful review of Dan Ernst's terrific book on the emergence and legitimation of the administrative state, Mark Tushnet calls for the integration of the intellectual history of the administrative state with its political-institutional history, how the state governs in practice. [read post]
14 Jan 2016, 4:30 am by Karen Tani
Kessler (Columbia University), and a response, by Mark Tushnet (Harvard Law School). [read post]
12 Jan 2016, 2:59 pm by Jeremy K. Kessler
My review of Dan Ernst's eye-opening Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940 is now out in the Harvard Law Review, along with Mark Tushnet's illuminating response. [read post]
26 Dec 2015, 11:02 pm
The event will discuss the recent publication of Mark Tushnet and Madhav Khosla, Unstable Constitutionalism: Law and Politics in South Asia (Cambridge University Press 2015). [read post]
20 Nov 2015, 10:03 am by Rebecca Tushnet
  Mark Lemley says no, all we need to make the trademark system work is protection of consumers, properly understood. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
Rebecca Tushnet: And now for something different! [read post]
9 Oct 2015, 11:30 am by Rick Garnett
More than a few Prawfs guests and bloggers are among the contributors, who include Sarah Barringer Gordon, Paul Horwitz, Nelson Tebbe,Douglas Laycock, Christopher C Lund, Liz Sepper, Frederick Gedicks, Ira Lupu, Robert Tuttle, Robin West, Jessie Hill, and Mark Tushnet. [read post]