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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]
19 Feb 2019, 2:34 pm by Sandy Levinson
9:00am-10:45amChair: William Forbath (Texas)Samuel Issacharoff (NYU)Scot Peterson (Oxford)Mark Tushnet (Harvard)Mila Versteeg (Virginia) Session VI: Constitutional Replacement by Constitutional Amendment11:00am-12:45pmChair: Sergio Verdugo (Universidad del Desarrollo – Chile)Carlos Bernal (Constitutional Court of Colombia)John Dinan (Wake Forest)Rosalind Dixon (Australia, University of New South Wales)Sanford Levinson (Texas) [read post]
28 Jan 2019, 2:16 pm by Iantha Haight
Fogelson (2005) Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 by Mark V. [read post]
14 Jan 2019, 3:52 am by Scott Bomboy
In our current We The People podcast, scholars Sai Prakash and Mark Tushnet talked about the Youngstown Sheet case in relation to a possible Trump executive order. [read post]
8 Jan 2019, 9:16 am by Scott Bomboy
Harvard Law School professor Mark Tushnet told NBC News that Congress gives the President annual appropriations that don’t have a designated use. [read post]
26 Nov 2018, 10:20 am by Eric Goldman
The Value of Bidding on Keywords Containing 1-8oo Contacts’ Marks The dissent repeats several times that 1-800 Contacts’ settlement agreements restricted only one form of advertising, leaving open many other advertising channels. [read post]
14 Nov 2018, 4:07 pm by Ilya Somin
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
14 Nov 2018, 4:07 pm by Ilya Somin
. - Mark Tushnet and Larry Kramer) to those who advocate more robust judicial scrutiny of many types of legislation than exists today (e.g. - the late Ronald Dworkin). [read post]
11 Nov 2018, 9:50 am by Camilla Alexandra Hrdy
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
11 Nov 2018, 9:50 am by Camilla Alexandra Hrdy
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
30 Oct 2018, 9:14 am by David Pozen
” Absolutist constitutionalism, in Mark Tushnet’s formulation, occurs when “a single decisionmaker motivated by an interest in the nation’s well-being consults widely and protects civil liberties generally, but in the end, decides on a course of action in the decisionmaker’s sole discretion, unchecked by any other institutions. [read post]
15 Oct 2018, 9:05 pm by Walter Olson
And as Josh Blackman noted in April 2017, similar ideas were already floating around then; see also Mark Tushnet later last year. [read post]
15 Oct 2018, 4:05 am by Howard Friedman
(Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).Marie T. [read post]
11 Oct 2018, 7:13 am by David Pozen
Introducing the idea in 2004, Mark Tushnet defined constitutional hardball as “political claims and practices ... that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings. [read post]
11 Oct 2018, 7:05 am by David Pozen
Introducing the idea in 2004, Mark Tushnet defined constitutional hardball as “political claims and practices ... that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings. [read post]
6 Oct 2018, 7:50 am by JB
The fight over the Kavanaugh appointment exemplifies our country's advanced case of constitutional rot. [read post]