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- Fake news). The purpose of this comparative analysis is to distill a set of common principles upon which the concept of “platform ethics” - ethical duties that digital intermediaries owe to their users and to society - can be based. Conceptualizing platform ethics is incredibly important today as major social networks remain indispensable tools for democracy despite waning public trust stemming from recent major scandals. (1)
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Articles 31 - 60 of 110
Full-Text Articles in Law
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
Journal of Dispute Resolution
This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way – may …
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Journal of Dispute Resolution
On February 16, Middlebury’s President, Dr. Laurie L. Patton, received an invitation from a student group called the American Enterprise Institute Club (AEI) to give opening remarks at a lecture by a speaker they had invited to campus. The Club was Middlebury’s student chapter of the AEI,8 a conservative think-tank based in Washington, D.C., which has student clubs all across the coun-try. The speaker was Dr. Charles Murray, an American political scientist who is now an AEI emeritus scholar. This was not Dr. Murray’s first visit to the College. He had previously visited the campus for a lecture in 2007, …
The Centrality Of Ongoing Relationships, Jacob Appelsmith
The Centrality Of Ongoing Relationships, Jacob Appelsmith
Journal of Dispute Resolution
Should anyone feel positive after a day of discussing the First Amendment in the context of threats to American universities and colleges from Nazis, white su-premacists, anarchists, and others using the campus as the staging ground for disruption and violence? Yes, because it was clear from the Center for the Study of Dispute Resolution’s (“CSDR”) Symposium, at the University of Missouri School of Law, that the evolution in thought over the past year on how institutions of higher education should handle these challenges is truly remarkable. The speakers as a body demonstrated that if an institution is thoughtful in its …
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Journal of Dispute Resolution
This Essay, with campus leaders as its intended audience (i.e., presidents, chancellors, provosts, deans, department chairs, and faculty, staff, and student governance leaders), maintains that acquaintance with constructs familiar to dispute resolution scholars and practitioners can deepen understanding of free expression conflict on college campuses, increase self-awareness and enhance leaders’ ability to act consciously and purposively in response to conflict, and help equip campus leaders with useful tools for managing conflict when it arises. This Essay will stress framing, but many constructs in the dispute resolution field illuminate the techniques and skills campus leaders need if they are to manage …
Private Universities And The First Amendment, Ben Trachtenberg
Private Universities And The First Amendment, Ben Trachtenberg
Journal of Dispute Resolution
This Article questions whether private colleges and universities should act as though the First Amendment applies to them in the same way it constrains the policy of public colleges and universities. Specifically, the Article examines the common suggestion—by laypersons, lawyers, and scholars alike—that private universities ought to tolerate offensive, hateful, bigoted speech because the values animating First Amendment jurisprudence are similar to those guiding the decisions of good universities committed to free inquiry and the open exchange of ideas. It then notes that this suggestion, while commonly made, is rarely defended with much rigor or vigor. The Article next marshals …
“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun
“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun
Journal of Dispute Resolution
This Comment will address how arbitration can resolve international trademark disputes by examining the nature of both international disputes and trademark disputes. In order to do so, Part II will discuss the nature of domestic and international trademark disputes. Part III will examine the benefits of using arbitration in place of litigation. Finally, Part IV will evaluate the use of arbitration to resolve trademark disputes.
“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon
“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon
Journal of Dispute Resolution
As the standards for special education students in America rise, the need to handle the resulting disputes arises as well. Special education disputes are a common yet emotional process for all parties involved. Such disputes can result in a split between the family and the school district- a split that can potentially leave negative consequences on the student. In 1975, Congress, realizing the personal nature and prevalence of special education issues, passed what would become the Individuals with Disabilities Education Act (IDEA). The IDEA offers states federal funds to assist in educating children with disabilities. This Act also authorizes the …
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Journal of Dispute Resolution
By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and …
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Journal of Dispute Resolution
Although student protests and campus politics during the Fall of 2015 on the University of Missouri’s flagship campus were far more complex than depicted in the media, the point remains that student protests revealed many shortcomings of the University. One of these shortcomings was the lack of a policy-driven dissolution process which, amongst other things, resulted in national critique of how student protests and student demands were handled.
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Journal of Dispute Resolution
Over the past year, much of the national conversation surrounding freedom of speech on college campuses has focused on controversial speakers, including those invited by students or student groups as well as those appearing on campus without an invitation. The debate continues to rage on as to whether university communities should allow allegedly offensive speakers to come to campus and spew their hateful views; whether universities have an obligation to foot the bill for the security they deem necessary to host such an event; and whether disruptions of speaker events are indicative of decreased tolerance on the part of today’s …
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Journal of Dispute Resolution
Rather than presenting theories or truths about free speech and campus conflict, this Essay instead offers four questions—derived from lessons I have learned as a teacher, scholar, and practitioner of dispute resolution—that might shed some light on best practices in campus free speech disputes. These are considerations one might want to take into account before deciding who may speak, what they may say, and how those questions ought to be answered in any given situation. The four questions are these: What is the context for this dispute? Do the parties have an ongoing relationship? Is it fair to ask for …
The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh
Journal of Dispute Resolution
This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators. Further, the current proposed rule has already been rejected by the House, utilizing the Congressional Review Act, an act passed in 1996 that allows the legislature to “fast-track” votes on legislation with only a simple majority from both houses of Congress, to enable a vote. The debate that surrounded the rule reflects the …
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Missouri Law Review
Most people likely do not give a second thought to the manner in which utilities reach their homes. Water, gas, electricity, cable, and internet service must all make their way from source to faucet, stove, light fixture, television, and entertainment device. A complex infrastructure system exists both below ground in pipes and conduits and above ground on utility poles. In cities, utility poles within generic utility easements are often adorned with a multitude of wires – of varying dimensions, levels, types, and ownership – constantly delivering electricity and information. At the core of this delivery system is the inconvenient fact …
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Missouri Law Review
Ledale Nathan was convicted of second-degree murder and a series of nonhomicide offenses stemming from a home invasion he committed at the age of sixteen. The St. Louis Circuit Court sentenced Nathan at a time when Eighth Amendment jurisprudence regarding juvenile sentencing was in flux. The United States Supreme Court decided two cases that restricted the way courts sentence juvenile offenders: Graham v. Florida and Miller v. Alabama. Graham held that juvenile offenders who had not committed homicide offenses could not be sentenced to life without parole (“LWOP”), while Miller held that LWOP could not be a mandatory sentence for …
Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose
Missouri Law Review
The distress associated with filing a civil lawsuit can leave an individual with a range of emotions, including despondency, humiliation, frustration, loss of self-confidence, and anxiety. Generally, an individual will only file suit if they suffer a serious harm. Subsequently, the individual must relive the injury at each step of the litigation. Repeatedly revisiting the injury disrupts the individual’s life and often leaves them feeling isolated and helpless. Now, picture an individual having to go through the entire process without the guidance of a lawyer, which is called pro se representation. This only adds to the individual’s stress levels. Representing …
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Missouri Law Review
Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP (“Covidien”) attempted to circumvent the immunity by filing an administrative challenge to Florida’s patents rather than an in-court challenge. However, rather than hearing the challenge, the Patent Trial and Appeal Board Panel (the “panel”) dismissed the petition after holding that sovereign immunity also applies to immunize state actors from …
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
The Business, Entrepreneurship & Tax Law Review
This article analyzes the effects of IRC § 83 from the perspective of those most often subject to it. While § 83 remains a critical tax consideration for entrepreneurs, this article concludes that § 83 has become, in practice, a solution searching for a problem that in fact causes more problems than it solves. Drafters of § 83 believed they were closing a significant loophole regarding the taxation of executive compensation. Looking at the problem legislators believed they were solving in the context of contemporary executive compensation structures, it is hard to understand what the actual problem was. Section 83(b) …
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The Business, Entrepreneurship & Tax Law Review
Mis-regulation occurs when regulation does not fix the problem it was enacted to solve. This article first looks at what sort of issues regulation is capable of fixing. After that, a regulatory framework is provided that urges policymakers to only enact regulation that provides the greatest net benefit for all involved. In the case of Airbnb, two-way reputational mechanisms — the ability to rate the other party, usually through a public “five-star” rating system — has solved most of the problems regulation is capable of curing. Then, the article analyzes the current anti-Airbnb laws in New York City and San …
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
The Business, Entrepreneurship & Tax Law Review
The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around …
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
Missouri Law Review
Soccer encourages and demands one action that puts the head in consistent danger: heading the ball. Thirty percent (30%) of concussions in soccer occur when two players attempt to head the ball at the same time, resulting in head clashes or heads colliding with other body parts or the ground. The desired outcome of an attempted header – head to ball impact – causes untold damage as well. This Article, therefore, argues that soccer’s governing bodies should eliminate the practice of heading from the game. Do-ing so would protect generations of soccer players to come and would limit potentially wide-spread …
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Missouri Law Review
This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. …
American Greed: The Eleventh Circuit Analyzes Whether Booze, Babes, And Business Can Tightrope The Line Between Fraud And Deceit, Raymond Lee
Missouri Law Review
South Beach, Miami, is renowned for its beautiful beaches, bikini-clad women, and incredible wealth. Such an environment is ripe for opportunistic businessmen who are anxious to make an easy buck. Enter Albert Takhalov, Isaac Feldman, and Stanislav Pavlenko (the “Defendants”), three Russian immigrants who built a business model aimed precisely at taking advantage of the unique opportunities that South Beach has to offer. By combining seductive women with tourism and alcohol, their profits quickly began to soar. There was only one problem. The crux of their plan involved misleading their patrons. While schemes to profit from unsuspecting customers are hardly …
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
The Business, Entrepreneurship & Tax Law Review
The State of Missouri and Missouri municipalities want to encourage minority and women owned businesses in their communities. The governments have created formalized programs to utilize these businesses. The purpose of these programs is to increase participation of women, minority, and other historically disadvantaged businesses in government related contracts. To bid upon or enter into government related contracts, minority, women, and other historically disadvantaged groups must apply for and receive program certification by different government entities. The certification application and process can be confusing, time consuming, and costly. But with guidance, can be navigated and be beneficial to minority and …
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
The Business, Entrepreneurship & Tax Law Review
The Thirteenth Amendment made slavery unconstitutional, but also created an exception where “[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This carve-out opened the door for prison-dependent companies to make handsome profits from large scale prison labor. Inmates must work full time in demanding conditions, and are paid nominally in return. Inmates do not receive minimum wages because they are excluded from the protections of the Fair Labor Standards Act (“FLSA”) through judicial interpretation. Low wages …
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
Missouri Law Review
The Americans with Disabilities Act (“ADA”) was implemented in 1990 and is hailed as a pivotal piece of legislation that protects the civil rights of individuals with disabilities. Driven by the prejudice of certain influential legislators, transgender individuals were purposefully excluded from the ADA’s protection. This exclusion – commonly referred to as the “GID Exclusion” – ensured that “transsexualism” and “gender identity disorders not resulting from physical impairments” were not considered a “disability” under the ADA. The GID Exclusion effectively produced a categorical bar for transgender plaintiffs seeking legal recourse under the ADA despite the fact that many transgender individuals …