Search for: "Mark Tushnet"
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7 Jul 2014, 10:14 am
Excellent ideas all around, and it's great that prominent opinion columnists like Dionne are beginning to make use of and popularize what liberal academics have been working at for the last couple of decades.In his short op-ed Dionne cites to B'zation blogger Joey Fishkin's piece with Willie Forbath, The Anti-Oligarchy Constitution, as well as linking to David Strauss's book, The Living Constitution and Michael Dorf's review of David's book and my Living… [read post]
30 Jun 2014, 3:11 am
At Balkinization, Mark Tushnet suggests that “this Term a number of Justices have become (more) willing to take on Justice Scalia’s sharp rhetoric,” and he wonders whether “this reflects something new in the Court’s internal” dynamics. [read post]
27 Jun 2014, 7:51 am
Briefly: Mark Shultz of the American Enterprise Institute argues that the Court’s decision earlier this week in American Broadcasting Cos. v. [read post]
19 Jun 2014, 10:00 am
(See here for Rebecca Tushnet’s analysis of the case). [read post]
14 Jun 2014, 6:15 am
On the former possibility, one might enjoy this short take from Mark Tushnet, along with his acknowledgment that his... [read post]
9 Jun 2014, 10:00 am
Legal process theory yielded to new theories, including rights protection (John Hart Ely and Owen Fiss), Critical Legal Studies (Duncan Kennedy and Mark Tushnet), and law and economics (Richard Posner and Guido Calabresi). [read post]
4 Jun 2014, 9:30 pm
Walter Gellhorn described it in an introduction to a law-review symposium in 1940, and Mark Tushnet’s studies of Crowell v. [read post]
20 May 2014, 9:30 pm
" --Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School"The conventional narrative of the origins of administrative agencies and administrative law in early twentieth-century America has emphasized similarities between American and Western European agencies of the state and has associated the emergence of agencies with the triumph of collectivist ideologies of governance in the United States. [read post]
15 May 2014, 6:16 am
And at ACSblog, Mark Tushnet looks at “the struggle for historical memory” after the Court’s decision in Brown, particularly in the Court’s 2007 decision in Parents Involved in Community Schools v. [read post]
8 May 2014, 1:36 pm
This letter resulted in discomfort ranging from disquiet to outrage: Josh Blackmun, Rebecca Tushnet, and of course James Grimmelman. [read post]
7 May 2014, 8:36 pm
(Mark Tushnet has a post raising similar questions.) [read post]
22 Apr 2014, 7:06 am
At 5:30 today Boston College’s Clough Center for the Study of Constitutional Democracy is sponsoring an author-meets-readers session on In the Balance: Law and Politics on the Roberts Court, by Mark Tushnet, Harvard Law School. [read post]
16 Apr 2014, 9:06 am
Chris Newman is a former Kozinski clerk and co-author, so I suspect Kozinski will consider this brief with extra interest. 21 other law professors signed this brief, including many friends such as Rebecca Tushnet and Mark Lemley. [read post]
4 Apr 2014, 12:03 pm
This is preclusion, or as Mark McKenna has called it, channeling. [read post]
26 Mar 2014, 7:50 am
Fortunately, identifying the Lanham Act’s zone of interests is easy, because of the “unusual, and extraordinarily helpful,” detailed statement of the statute’s purposes in §1127: The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to… [read post]
20 Mar 2014, 9:30 pm
It's "The History of US Administrative Law," and it will be taught by Mark Tushnet, the William Nelson Cromwell Professor of Law at Harvard Law School, the author of, among many other books, Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991. [read post]
28 Feb 2014, 2:48 pm
Advertising: the advertiser can make the mark more/different. [read post]
28 Feb 2014, 6:32 am
.), who not incidentally was the first African-American federal district court judge in the state; Judge Robert Sack of the Second Circuit; and Professors Sonja West (Georgia), Mark Tushnet (Harvard), RonNell Andersen Jones (BYU), David Anderson (Texas), and Christopher Schmidt (Chicago-Kent). [read post]
21 Feb 2014, 4:00 am
There are positions about violating the law that it is not “professionally respectable to assert” (Milan Markovic, “Advising Clients After Critical Legal Studies and the Torture Memos” (2011-12) 114 W Va L Rev 109 at 152, citing Mark Tushnet). [read post]
17 Feb 2014, 7:26 am
Trademark dilution is another doctrine that allows trademark owners to control emotional meaning: dilution prevents commercial actors from interfering with the singular meaning of a mark even if no one is ever mistaken about any fact at all. [read post]
