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15 Sep 2021, 4:30 am by Eric Segall
In this sense, as Mark Tushnet likes to say, "law is politics all the way down," at least in the constitutional sphere, where so many of us reside. [read post]
10 Sep 2021, 6:52 am by James Romoser
Not Yet (Krishnadev Calamur & Nina Totenberg, NPR) God Has No Place in Supreme Court Opinions (Linda Greenhouse, The New York Times) Justice Gorsuch Tears Up Oklahoma (Editorial, The Wall Street Journal) Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law) (Mark Tushnet, Balkinization) Abortion Brush-Off Contrasts With Supreme Court’s Move in Church Case (Greg Stohr, Bloomberg) The post The… [read post]
10 Sep 2021, 5:50 am by Howard Bashman
“Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law)”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
7 Sep 2021, 5:20 am by Michael C. Dorf
As Harvard Law Professor Mark Tushnet wrote last week for a German audience: "In many European constitutional systems the route to challenging a bill like SB8 would be simple: Legislators would file an ex ante or 'abstract review' challenge to the bill in the constitutional court. [read post]
17 Aug 2021, 6:33 am by James Romoser
Here’s the Tuesday morning read: The New York eviction moratorium decision and the problems of the shadow docket (Mark Tushnet, Balkinization) Court rejects CWA challenge, tees up Supreme Court showdown (Jeremy Jacobs & Hannah Northey, E&E News) The Supreme Court Must End Coercive Abortion Mandates (Alexandra DeSanctis, National Review) The Justice Scalia Mythology that Still Haunts our Politics and our Law (Eric Segall, Dorf on Law) The post The morning read for… [read post]
17 Aug 2021, 5:40 am by Howard Bashman
“The New York eviction moratorium decision and the problems of the shadow docket”: Mark Tushnet has this post at the “Balkinization” blog. [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Linford: do we think of certain types of marks as innovative? [read post]
25 Jul 2021, 9:30 pm by ernst
Mark Tushnet might be emeritus, but he is still favoring with penetrating of readings of books of interest to legal historians. [read post]
20 Jul 2021, 12:54 am by Léon Dijkman
Chapter 4, by Rebecca Tushnet, identifies a number of issues that registration in trade mark law gives rise to and offers further potential solutions to bulging registers and overbroad registrations [earlier work here]. [read post]
28 Apr 2021, 9:38 am by Andrew Koppelman
My Balkinization coblogger Mark Tushnet is unpersuaded by the argument of my book, Gay Rights vs. [read post]
19 Apr 2021, 10:30 pm by Mitra Sharafi
Bookended by discussions of three books by legal liberals (Jack Balkin, Erwin Chemerinsky, Geoffrey Stone and David Strauss) and a book and article by progressive constitutional scholars (Mark Tushnet, David Pozen and Adam Samaha), this essay argues that legal liberalism today is intellectually exhausted. [read post]
26 Mar 2021, 10:42 am by Iantha Haight
Other chapters cover specific nations, methodology, and specific legal concepts.Scholarship Comparative Constitutional Law: Elgar Research Reviews in Law (2017): Written by respected scholar Mark Tushnet, this book covers the most important scholarship from comparative constitutional law through 2016. [read post]
19 Mar 2021, 8:23 am by Dennis Crouch
In each filing, Rule 25.1(d) only allows parties to mark “up to fifteen (15) unique words (including numbers)” as confidential. [read post]
1 Mar 2021, 12:01 pm by Barbara Moreno
Mark Tushnet, Taking Back the Constitution:  Activist Judges and the Next Age of American Law (2020). [read post]
1 Mar 2021, 10:20 am by Paul Caron
Paul Horwitz (Alabama) flagged this "charming, useful, and insightful" dialogue between Mark Tushnet (Harvard) & Louis Michael Seidman (Georgetown), On Being Old Codgers: A Conversation about a Half Century in Legal Education: The conversation that follows, conducted over three evenings, captures some of our thoughts about the last half century... [read post]