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Articles 1 - 30 of 38
Full-Text Articles in Law
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Articles & Chapters
It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …
Anti-Speech Acts And The First Amendment, Richard K. Sherwin
Anti-Speech Acts And The First Amendment, Richard K. Sherwin
Articles & Chapters
In many states today, there are laws on the books designed to protect the legitimacy and fairness of elections by barring the knowing or reckless dissemination of demonstrably false statements. Regulating this kind of deliberate deception protects the public against the erosion of First Amendment freedoms – such as the freedom to think and express one’s own thoughts and to meaningfully deliberate in an electoral process free from deliberate efforts to flood the zone of public discourse with confusion and mistrust based on deliberate and provable falsehoods. Some of these regulations, however, have been successfully challenged on First Amendment grounds. …
Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon
Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon
Articles & Chapters
No abstract provided.
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Articles & Chapters
The ABA adopted Model Rule 8.4(g), which targets certain speech and conduct that are based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” In particular, according to the accompanying comment, Rule 8.4(g) reaches speech that is “derogatory and demeaning” or that “manifests bias or prejudice towards others” and is “harmful” (including, presumably, emotionally harmful). This rule targets a significant amount of speech that would be constitutionally protected if it were uttered by a nonlawyer. This article argues that there is no justification for treating lawyers differently from others in many …
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Articles & Chapters
Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
Articles & Chapters
The United States Supreme Court has continued a speech-protective trend dating back to the 1960s, safeguarding even the most controversial speech from government regulation, including speech that critics of this trend label with the stigmatizing terms "hate speech," "disinformation," "misinformation," "extremist speech," and "terrorist speech." In contrast, as dominant online platforms have become increasingly important forums for both individual self-expression and democratic discourse, the platforms have been issuing and enforcing increasing restrictions on their users' speech pursuant to each platform's content moderation policies. These restrictions often suppress speech that the U.S. Constitution bars government from suppressing. As private sector entities, …
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
Articles & Chapters
No abstract provided.
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
Articles & Chapters
No abstract provided.
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Articles & Chapters
Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech claims, but they also have maintained that Justice Kennedy specifically declined to protect speech that was at odds with his conservative political and religious views. It is certainly true that Justice Kennedy did not uphold freedom of speech in some important contexts, including when the Government asserted countervailing national security or "War on Drugs" concerns. However, in other important cases, Justice Kennedy showed courage in defending …
Safe Social Spaces, Ari Ezra Waldman
Safe Social Spaces, Ari Ezra Waldman
Articles & Chapters
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …
Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen
Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen
Articles & Chapters
This chapter explains the understanding of all who seek to advance both free speech and equality anywhere in the world. It discusses supports the conclusions of many expert individuals and organizations around the world – that counterspeech and other non-censorial alternatives are much more likely than hate speech laws to prove effective in limiting hate speech and its possible harmful effects. Social scientists have confirmed that counterspeech by leaders in the pertinent community is especially persuasive in rebutting hateful speech and in countering its potential harmful effects. Speech that counters the potentially harmful impact of hate speech comprises a broad …
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Articles & Chapters
This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Articles & Chapters
No abstract provided.
Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips
Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips
Articles & Chapters
From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …
Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen
Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen
Articles & Chapters
The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional problems. Each problem alone, and even more so the whole combination, provides a serious ground at least for vastly curbing such programs, if not ending them. This Article reviews constitutional challenges to these programs to evaluate the likely success of current and future litigants.
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown
Articles & Chapters
No abstract provided.
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
Hostile Educational Environments, Ari Ezra Waldman
Hostile Educational Environments, Ari Ezra Waldman
Articles & Chapters
This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Articles & Chapters
Cybercrimes vs. Cyberliberties, Chapter 8 in Internet Policy and Economics: Challenges and Perspectives 2nd ed. at 110-127 ( W.H. Lehr & L.M. Pupillo, eds. Springer, 2009).
Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen
Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen
Articles & Chapters
No abstract provided.
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Articles & Chapters
While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …
Society’S Software, Beth Simone Noveck, David R. Johnson
Society’S Software, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Articles & Chapters
No abstract provided.
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Articles & Chapters
As openly gay and lesbian students become a more regular presence in public high schools, students in many schools have started lesbian and gay student organizations. In response, some school districts and state legislatures have attempted to prevent the clubs from meeting, either through categorical bans on all extracurricular groups or through legislation specifically designed to prevent the gay clubs from meeting. This Comment examines the First Amendment issues raised by these efforts. It argues that the Supreme Court's current approach to student speech, which focuses on whether the speech is school sponsored and on the application of public forum …
At Work In The Marketplace Of Ideas: Academic Freedom, The First Amendment, And Jeffries V. Harleston, Stephen A. Newman
At Work In The Marketplace Of Ideas: Academic Freedom, The First Amendment, And Jeffries V. Harleston, Stephen A. Newman
Articles & Chapters
No abstract provided.
Speaking Of Race, Speaking Of Sex: Hate Speech, Civil Rights, And Civil Liberties, Nadine Strossen
Speaking Of Race, Speaking Of Sex: Hate Speech, Civil Rights, And Civil Liberties, Nadine Strossen
Articles & Chapters
No abstract provided.
Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein
Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein
Articles & Chapters
No abstract provided.
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
Original Intent, History And Levy’S Establishment Clause. Book Review Of The Establishment Clause: Religion And The First Amendment, By Leonard W. Levy, Ruti Teitel
Articles & Chapters
No abstract provided.