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14 Jun 2019, 11:01 am by Rebecca Tushnet
Harmless Free Riding by Wendy Gordon, Boston University School of Law (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives)Common law imposes penalties on those who harm much more readily than it requires people to avoid benefiting without payment; very few duties to help and lots of duties not to harm. [read post]
6 Jun 2019, 6:30 am by Sandy Levinson
  I am delighted, for example, to take this opportunity to tout the book co-edited by Mark Graber, Mark Tushnet, and myself, Constitutional Democracy in Crisis? [read post]
5 Jun 2019, 6:00 am by JB
Irvine), and Mark Tushnet (Harvard)At the conclusion, Ken will respond to the commentators. [read post]
23 May 2019, 6:25 pm
Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have published On Being Old Codgers: A Conversation about a Half Century in Legal Education. [read post]
23 May 2019, 6:25 pm by Christine Corcos
Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have published On Being Old Codgers: A Conversation about a Half Century in Legal Education. [read post]
17 May 2019, 9:30 pm by Dan Ernst
  My erstwhile and present Georgetown Law colleagues Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have posted On Being Old Codgers: A Conversation about a Half Century in Legal Education, a “conversation, conducted over three evenings,” capturing “some of our thoughts about the last half century of legal education as both of us near retirement. [read post]
4 Apr 2019, 5:44 am by Paul Horwitz
As I note in the piece, the Foreword "project" is itself a fascinating one, superbly discussed in this article by Mark Tushnet and Timothy Lynch, which suggests among other things that for various reasons Foreword articles are often disappointing. [read post]
3 Apr 2019, 3:30 am by Paul Horwitz
Mark Tushnet and Timothy Lynch’s classic study, “The Project of the Harvard Forewords,” provides one of the best (and only) accounts of both the Foreword’s importance and its “structural constraints. [read post]
31 Mar 2019, 12:37 pm by Howard Bashman
“‘The Chief’ — What It Actually Tells Us About John Roberts’s Vote in the Initial ACA Case”: Mark Tushnet had this post yesterday at the “Balkinization” blog. [read post]
31 Mar 2019, 9:24 am by Neil Siegel
As Mark Tushnet's astute post points out, Joan Biskupic's recent biography of Chief Justice John Roberts does not actually establish that the Chief Justice changed his mind on any constitutional question in the case, let alone that he moved from doing "law" to doing "politics. [read post]
22 Mar 2019, 2:05 pm by Andrew Koppelman
Mark Tushnet correctly respondsthat the reaction “looks a lot like counter-speech to me, and there's no indication that the protests and support groups interfered with the ability of those attending the event to hear what the speaker had to say. . . . [read post]
22 Mar 2019, 10:03 am by Eric Goldman
The complaint appears to address only the word and logo marks. [read post]
11 Mar 2019, 9:19 am by Elim
LAW LIBRARY level 3: K3165 .T87 2018Mark Tushnet, Advanced Introduction to Comparative Constitutional Law, 2d ed. [read post]
26 Feb 2019, 3:30 am by Deborah Pearlstein
Deborah Pearlstein Say what you will about sports metaphors in legal writing, but Professor Mark Tushnet’s “constitutional hardball” descriptor has proven remarkably useful in capturing one of the most vexing political dynamics of our time: the political parties’ resort to “claims and practice…that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension… [read post]
25 Feb 2019, 12:42 pm by Rebecca Tushnet
There was an educational period, but people are aware of this now.Rebecca Tushnet, Harvard Law SchoolNew legal or quasi legal systems are often set up assuming that they will be used against, and not by, bad actors, because that’s the problem that is most salient before the new system exists. [read post]
25 Feb 2019, 6:51 am by Eric Goldman
As I tweeted in June: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about the Internet’s potential as a dynamic, open & innovative platform #FOSTA #GDPR #CCPA — Eric Goldman (@ericgoldman) June 29, 2018 If you can’t read it: When future historians write the Internet’s history, Spring 2018 will mark the turning point when regulators stopped giving a fuck about… [read post]
23 Feb 2019, 3:51 pm by Marty Lederman
Earlier today, Mark Tushnet posted about Justice Thomas’s recent eye-opening concurrence in the Court’s denial of cert. in McKee v. [read post]
21 Feb 2019, 11:48 am by Howard Bashman
“In-Chambers Stare Decisis”: Mark Tushnet has this interesting post at the “Balkinization” blog. [read post]