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A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone Jan 2006

A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone

Washington University Journal of Law & Policy

One of the lessons of American history is that when episodes of military conflict arise we not only compromise our liberties, but we do so excessively and to a degree we often come later to regret. The challenge is to understand why that happens, to avoid repeating the same pattern of mistakes in the present and in the future, and to articulate the role of lawyers in addressing those questions.


The Fatal Flaw Of Standing: A Proposal For An Article I Tribunal For Environmental Claims, Timothy C. Hodits Jan 2006

The Fatal Flaw Of Standing: A Proposal For An Article I Tribunal For Environmental Claims, Timothy C. Hodits

Washington University Law Review

No abstract provided.


Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds Jan 2006

Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds

Washington University Law Review

People have been talking about libel and bloggers since the blogosphere was new, but the big news at this point is that, so far at least, there’s more talk than action—despite the millions of blogs, and probable billions of blog entries to date, there haven’t really been any major blogrelated libel cases, and the number in total is quite small. People are still talking about Blumenthal v. Drudge, a case that predates the blogosphere, when they talk about blogs and libel, and no major new case has emerged to take its place. The absence of a major ...


The Presumption Of Liberty And The Public Interest: Medical Marijuana And Fundamental Rights, Randy E. Barnett Jan 2006

The Presumption Of Liberty And The Public Interest: Medical Marijuana And Fundamental Rights, Randy E. Barnett

Washington University Journal of Law & Policy

As part of this lecture series on lawyering in the public interest, I decided to talk about my pro bono involvement in the medical cannabis case of Gonzales v. Raich, which I and three other lawyers brought on behalf of Angel Raich and Diane Monson. There are three topics I want to discuss: the first is how I got involved in doing this, which is a question I get asked all the time; the second is to describe the theory we took to the Supreme Court, which prevailed in the Ninth Circuit but was ultimately rejected by the Court on ...


Intelligent Design And The First Amendment: A Response, Jay D. Wexler Jan 2006

Intelligent Design And The First Amendment: A Response, Jay D. Wexler

Washington University Law Review

In late 2004, the school board of the Dover School District in Pennsylvania passed a series of measures requiring teachers to inform students that evolution is incomplete and to make available to students a textbook on “intelligent design” (“ID”), a purportedly scientific theory suggesting that an intelligent agent created the universe and everything in it, including human beings. In December 2005, a federal district Judge ruled that the school’s policies violated the First Amendment. In a series of recent writings, including a full length book and several articles, Baylor University professor Francis J. Beckwith has argued that public schools ...


A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove Jan 2006

A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove

Washington University Law Review

It is true that existing law lacks nimble ways to resolve disputes about speech and privacy on the Internet. Lawsuits are costly to litigate, and being sued can saddle a blogger with massive expenses. Bloggers often don’t have deep pockets, and therefore it might be difficult for plaintiffs to find lawyers willing to take their cases. Lawsuits can take years to resolve. People seeking to protect their privacy must risk further publicity in bringing suit. These are certainly serious problems, but the solution shouldn’t be to insulate bloggers from the law. The solution is to create a system ...


Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton Jan 2006

Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton

Washington University Law Review

The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in ...


South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh Jan 2006

South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh

Washington University Global Studies Law Review

No abstract provided.