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Articles 1 - 14 of 14
Full-Text Articles in Law
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Law School Personal Reflections on COVID-19
No abstract provided.
The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post
The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post
All Faculty Scholarship
The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courts seeking to reconcile the right with the First Amendment have to date produced only a notoriously confused muddle of inconsistent constitutional doctrine. In this Article, we suggest a way out of the maze. We propose a relatively straightforward framework for analyzing how the right of publicity should be squared with First Amendment principles.
At the root of contemporary constitutional confusion lies a failure to articulate the precise state interests …
Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown
Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown
Utah Law Faculty Scholarship
Crisis Pregnancy Centers (CPCs) adopt the look of medical practices — complete with workers in scrubs, ultrasound machines, and invasive physical exams — to deceive pregnant women into thinking they are being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible-based, non-objective counseling. Numerous attempts to regulate CPCs have faced political roadblocks. Most recently, in NIFLA v. Becerra, the Supreme Court held that state efforts to require CPCs to disclose that they are not medically licensed are unconstitutional violations of CPCs’ First Amendment right to free speech. In the wake of that decision, pregnant women in crisis — …
Candidate Privacy, Rebecca Green
Candidate Privacy, Rebecca Green
Faculty Publications
In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public eye sacrifice claims to privacy. This refrain is rooted deep within the American enterprise, emanating from the Framers' concept of the informed citizen as a bedrock of democracy. Voters must have full information about candidates to make their choices at the ballot box. Even as privacy rights for ordinary citizens have expanded, privacy theorists and courts continue to exempt candidates from privacy protections. This Article suggests that two disruptions warrant revisiting the privacy interests of candidates. The first is a …
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Faculty Publications
Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases, a more …
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
Law Faculty Research Publications
No abstract provided.
A Recent Renaissance In Privacy Law, Margot Kaminski
A Recent Renaissance In Privacy Law, Margot Kaminski
Publications
Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.
Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton
Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton
Scholarship@WashULaw
This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.
Judicial Adjuncts In Multidistrict Litigation, Elizabeth Chamblee Burch, Margaret S. Williams
Judicial Adjuncts In Multidistrict Litigation, Elizabeth Chamblee Burch, Margaret S. Williams
Scholarly Works
Peeking under the tent of our nation's largest and often most impactful cases reveals that judges often act like ringmasters: They delegate their authority to a wide array of magistrate judges, special masters, and settlement administrators. Some, like the American Bar Association, see this as a plus that promotes efficiency and cost savings. Critics, however, contend that delegating judicial power especially to private citizens, removes adjudication from public scrutiny, injects thorny ethical questions about ex parte communications, and risks cronyism and high costs. By constructing an original dataset of ninety-two multidistrict products liability proceedings centralized over fourteen years, we introduce …
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Troll Storms And Tort Liability For Speech Urging Action By Others: A First Amendment Analysis And An Initial Step Toward A Federal Rule, Clay Calvert
UF Law Faculty Publications
This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with whom they have no contractual or employer-employee relationship. It argues that recent lawsuits against Daily Stormer publisher Andrew Anglin for sparking “troll storms” provide a timely analytical springboard into the issue of vicarious tort liability. Furthermore, such liability is particularly problematic when a speaker’s message urging action does not fall into an unprotected category of expression, such as incitement or true threats, and thus, were it not for tort law, would be fully protected. In examining …
Guns In The Private Square, Cody Jacobs
Guns In The Private Square, Cody Jacobs
Faculty Scholarship
The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron
Faculty Scholarship
Fiction and visual representations can alter our understanding of human experiences and struggles. They help us understand human frailties and suffering in a visceral way. Nick Drnaso’s graphic novel Sabrina does that in spades. In Sabrina, a woman is murdered by a misogynist, and a video of her execution is leaked. Conspiracy theorists deem her murder a hoax. A cyber mob smears the woman’s loved ones as crisis actors, posts death threats, and spreads their personal information. The attacks continue until a shooting massacre redirects the cyber mob’s wrath to other mourners. Sabrina captures the breathtaking velocity of disinformation online …
Is Tort Law The Tool For Fixing Reproductive Wrongs?, Christopher Robertson
Is Tort Law The Tool For Fixing Reproductive Wrongs?, Christopher Robertson
Faculty Scholarship
In his 2019 book, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law, Dov Fox offers a compelling argument for new torts allowing recovery for wrongful reproduction. These torts would include three sorts of cases, those where wrongdoing (whether negligent, reckless, or intentional) caused undesired reproduction; stymied desired reproduction; or confounded reproduction, causing birth of a child different than that intended by the parents. The likely defendants in these torts are gynecologists, urologists, sperm banks, and IVF clinics.