Search for: "Mark Tushnet"
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10 Sep 2021, 6:52 am
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
“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
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
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
“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
Linford: do we think of certain types of marks as innovative? [read post]
25 Jul 2021, 9:30 pm
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
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]
14 Jun 2021, 10:31 am
Rebecca Tushnet Slides. [read post]
28 Apr 2021, 9:38 am
My Balkinization coblogger Mark Tushnet is unpersuaded by the argument of my book, Gay Rights vs. [read post]
19 Apr 2021, 10:30 pm
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
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
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
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (2020). [read post]
1 Mar 2021, 10:20 am
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]
27 Feb 2021, 8:27 am
Seidman and Tushnet. [read post]
26 Feb 2021, 8:46 am
Via my colleague Will Baude on Twitter, I came across this interesting conversation between Louis Michael Seidman (Georgetown) and Mark Tushnet (Harvard) reflecting on their... [read post]
25 Feb 2021, 12:02 pm
Better than late than never, let me urge on readers this fine dialogue between Mark Tushnet and Louis Michael Seidman, On Being Old Codgers: A Conversation About a Half Century in Legal Academia. [read post]
3 Feb 2021, 4:00 am
In combination, the array of racial restrictions imposed by law[,] crafted hierarchies of belonging, marked non-whites as unworthy of full citizenship, and created a form of ‘alien citizens’ defined by invented mythologies of racial difference propagated and imposed by whites. [read post]
29 Jan 2021, 3:24 pm
As a result, one should expect continued violations of constitutional norms by American politicians to accomplish partisan goals—what Mark Tushnet has called “constitutional hardball”—at least until the electoral impact of demographic changes in the electorate exceeds the electoral impact of the rural favoritism that is built into the nation’s constitutional electoral processes. [read post]
