Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Civil dignity (1)
- Commodification (1)
- Constitutional Commentary (1)
- Constitutional law (1)
- Cooperating witnesses (1)
-
- Criminal justice (1)
- Dispute systems (1)
- Firearms (1)
- Freedom of speech (1)
- Freedom of thought (1)
- Guns (1)
- Hate speech controversy (1)
- Informants (1)
- International and municipal law (1)
- Leadership (1)
- Markets--Law and legislation (1)
- Mass incarceration (1)
- Organizational catalysts (1)
- Peace agreements (1)
- Plea bargaining (1)
- Political stability (1)
- Private law (1)
- Products liability (1)
- Prosecutorial disclosure (1)
- Public law (1)
- SSRN (1)
- Second Amendment (1)
- Social capital (1)
- Sovereignty (1)
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
The Second Amendment & Private Law, Cody Jacobs
The Second Amendment & Private Law, Cody Jacobs
Faculty Scholarship
The Second Amendment, like other federal constitutional rights, is a restriction on government power. But what role does the Second Amendment have to play—if any—when a private party seeks to limit the exercise of Second Amendment rights by invoking private law causes of action? Private law—specifically, the law of torts, contracts, and property—has often been impacted by constitutional considerations, though in seemingly inconsistent ways. The First Amendment places limitations on defamation actions and other related torts, and also prevents courts from entering injunctions that could be classified as prior restraints. On the other hand, the First Amendment plays almost no …
Hate Speech, Public Assurance, And The Civic Standing Of Speakers And Victims, Vincent A. Blasi
Hate Speech, Public Assurance, And The Civic Standing Of Speakers And Victims, Vincent A. Blasi
Faculty Scholarship
Jeremy Waldron and James Weinstein have opened up a promising line of inquiry regarding the legitimacy and propriety of hate speech regulation. In doing so, they have succeeded in reinvigorating a subject that had grown academically formulaic even while becoming alarmingly more salient politically and culturally. Together they have enriched our understanding with their specificity of argumentation, intellectual courage, fairminded attentiveness to critics and counter-arguments, comparative law perspective, and genuine originality of conception. I find that each has shown me at least one significant problem in the other’s analysis, a symmetry that I consider a tribute to both.
Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae
Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae
Faculty Scholarship
This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus …
Informants & Cooperators, Daniel C. Richman
Informants & Cooperators, Daniel C. Richman
Faculty Scholarship
The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Faculty Scholarship
The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between …
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.