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Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman Aug 2019

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.


The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog Aug 2019

The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog

Maryland Law Review

No abstract provided.


Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa Aug 2019

Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa

Maryland Law Review

No abstract provided.


21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron Aug 2019

21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron

Maryland Law Review

No abstract provided.


Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri Aug 2019

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Maryland Law Review

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their “right of publicity”—a state-law tort that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. But …


Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan Jul 2019

Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan

Maryland Law Review

Legislation that singles out an identifiable individual for benefits or harms that do not apply to the rest of the population is called “special legislation.” In previous work, I have argued that special legislation is constitutionally suspect. In this Article, I explore the normative consequences of special legislation, assessing both the costs it imposes and the benefits that it can provide. Drawing on constitutional theory, public choice theory, and the history of special legislation, I argue that the enactment of special legislation is costly when it reflects the corruption of the legislative process and leads to low-quality legislation, unjustifiably unequal …