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12 Apr 2022, 9:30 pm
Mark Tushnet has posted William Novak's New Democracy: The Creation of the Modern American State -- a Mini-Review over at Balkinization:William Novak’s superb New Democracy: The Creation of the Modern American State continues his project, begun with The People’s Welfare, of retrieving a constitutional tradition of active governance in the United States. [read post]
9 Apr 2022, 6:15 am
And from the reviews: ‘No one understands the politics of law better or takes the law more seriously than Mark Tushnet. [read post]
8 Apr 2022, 10:52 am
It's now out in print, from the Cambridge University Press: Mark V. [read post]
5 Apr 2022, 8:55 am
Mark Tushnet (Harvard Law School) has posted Trust the Science But Do Your Research: A Comment on the Unfortunate Revival of the Progressive Case for the Administrative State on SSRN. [read post]
29 Mar 2022, 9:11 am
Mark Tushnet is an Emeritus Professor at Harvard Law School. [read post]
20 Mar 2022, 6:30 am
Mark Tushnet and Bojan Bugaric, "Power to the People" -- Response to the Review Symposium [read post]
14 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Mark Tushnet and Bojan BugaricWe thank all the contributors to the review-symposium for their thoughtful engagement with Power to the People. [read post]
11 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Colm Ó CinnéideIntroduction: Why This Book is So GoodMark Tushnet and Bojan Bugaric have done a great service. [read post]
10 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Richard BellamyMark Tushnet and Bojan Bugaric's new book provides a welcome comparative perspective on the relations between populism and constitutionalism, which adds some much needed nuance to the discussion of the links between the two. [read post]
9 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Michael A Wilkinson With Power to the People: Constitutionalism in the Age of Populism, Tushnet and Bugaric have written a refreshing book, avoiding the clichés so often associated with scholarship on populism. [read post]
8 Mar 2022, 10:30 am
Mark Lemley, Stanford Law School Prof. [read post]
8 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Silvia SuteuTushnet and Bugaric offer a welcome reassessment of our understanding of populism in a constitutional key. [read post]
7 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Tarun Khaitan The central claim that Professors Mark Tushnet and Bojan Bugaric make in their provocative new book ‘Power to the People’ is that populism is only contingently in conflict with constitutionalism. [read post]
6 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). [read post]
4 Mar 2022, 9:18 am
Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g., Rebecca Tushnet, Jennifer Rothman, and John Welch, so this blog post will focus on the implications of the decision rather than provide a detailed summary of it. [read post]
4 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Martin Loughlin One of the most remarkable features of contemporary legal scholarship has been the rapid growth of comparative studies of constitutional law. [read post]
3 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Rosalind Dixon In their important new book, Power to the People: Constitutionalism in the Age of Populism, Mark Tushnet and Bojan Bugaric offer a powerful defence of movements for popular constitutional and political change.[1]For every Donald Trump, Tushnet and Bugaric suggest,… [read post]
3 Mar 2022, 6:00 am
This week at Balkinization we are hosting a symposium on Mark Tushnet and Bojan Bugaric's new book Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Richard Bellamy (University College London), Colm O'Cinneide (University College London), Rosalind Dixon (Univ. [read post]
22 Feb 2022, 7:02 am
On my Supreme Myths Podcast last week, I asked Professor Mark Tushnet that question. [read post]
19 Feb 2022, 11:14 am
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the Lanham… [read post]
