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13 Feb 2023, 6:03 am by Lawrence Solum
Mark Tushnet (Harvard Law School) & Dimitry Kochenov (CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna; Princeton University - Princeton School of Public and International Affairs) have posted Introduction (the Politics of Constitutional Law) (M. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
Formalism creeping back in: three examples. (1) Dilution—formalistic principle: once we put the label famous on a mark, we don’t do much to restrict the protection of that mark. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumSandy Levinson            I have been teaching courses on American constitutional law for almost 50 years. [read post]
24 Jan 2023, 9:52 am by Eric Goldman
Given the developments of 2022 and the past decade, we’re already witnessing the collapse of Web 2.0, and 2023 could officially mark the conclusion of that era. [read post]
21 Jan 2023, 6:30 am by Guest Blogger
  Perhaps the least remembered passage in Mark Tushnet’s notorious May 2016 post on defensive-crouch constitutionalism was its most prescient: “Of course all bets are off if Donald Trump becomes President. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
It was on this very blog that Mark Tushnet (alas, prematurely) declared victory and called for an unrestrained pursuit of left politics through constitutional law a mere matter of months before Donald Trump began his utter transformation of the courts into an instrument of reaction. [read post]
18 Jan 2023, 5:00 am by Michael C. Dorf
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
17 Jan 2023, 8:00 am by JB
Jackson Women's Health Organization.The contributors include Anita Allen, Akhil Amar, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, Robin West, and myself.This book is part of a trilogy on important Supreme Court cases. [read post]
17 Jan 2023, 6:30 am by Guest Blogger
  One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
6 Jan 2023, 12:00 am by Lawrence Solum
Anna Lukina (University of Cambridge, Faculty of Law) have posted The Paradox of Evil Law (Research Handbook on the Politics of Constitutional Law (Mark Tushnet & Dimitry Kochenov eds.), Edward Elgar, Forthcoming) on SSRN. [read post]
1 Jan 2023, 9:50 am by Lawrence Solum
The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age by Danielle Keats Citron The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 by Mark Tushnet Law's Rule: The Nature, Value, and Viability of the Rule of Law by Gerald J. [read post]
23 Dec 2022, 10:00 am by Kelly Goles
On September 14, the Law Library held its annual Constitution Day event, which featured Harvard Law School Professor Mark V. [read post]
5 Dec 2022, 6:00 am by Kelly Goles
This year’s event featured Harvard Law School William Nelson Cromwell Professor of Law emeritus Mark Tushnet in an interview with University of Virginia School of Law Dean Risa Goluboff. [read post]
14 Nov 2022, 10:09 am by Eugene Volokh
Ann Bartow, Jim Gibson, James Grimmelmann, Mark Lemley, Phil Malone, Mark McKenna, Lisa Ramsey, Jeremy Sheff, Jessica Silbey, Christopher Sprigman, and Rebecca Tushnet. [read post]
11 Nov 2022, 12:56 pm by Richard Primus
  A number of Balkinization bloggers are editors of the journal, including Mary Dudziak, Mark Graber, Sandy Levinson, Gerard Magliocca, John Mikhail, and Mark Tushnet. [read post]
8 Nov 2022, 10:26 am by InternationalLaw Blogger
AALS Section on Comparative Law Mark Tushnet Prize in Comparative Law Call for Nominations The Association of American Law Schools (AALS) Section on Comparative Law seeks nominations of scholarly articles for the “Mark Tushnet Prize” to recognize scholarly excellence in... [read post]
8 Nov 2022, 8:21 am by Legal Writing Prof
AALS Section on Comparative Law Mark Tushnet Prize in Comparative Law Call for Nominations The Association of American Law Schools (AALS) Section on Comparative Law seeks nominations of scholarly articles for the “Mark Tushnet Prize” to recognize scholarly excellence in... [read post]