University of Miami School of Law
Northwestern Pritzker School of Law
Boston University School of Law
University of California, Berkeley School of Law
University of Connecticut Human Rights Institute
American University Washington College of Law
William & Mary Law School
University of St. Thomas, Minnesota
UIC School of Law
Can Superman Save The Supreme Court After Dobbs? Using Analogical Reasoning To Teach The American People The Superpower Of Stare Decisis,
2023
Cleveland State University College of Law
Can Superman Save The Supreme Court After Dobbs? Using Analogical Reasoning To Teach The American People The Superpower Of Stare Decisis, Brandon Stump
Cleveland State Law Review
In this Article, I propose that in this post-Dobbs America, if Americans are ever able to believe in, or even understand the magnitude of the Supreme Court’s power, practitioners, scholars, and educators should rely on the power of analogical reasoning, something attorneys are taught beginning their first weeks of law school. Using the power of analogy, we should take the simple story of Superman to explain the magnitude of the power held by the Supreme Court and the critical role that stare decisis must play in the Court’s decision-making. Perhaps if we explain legal principles and the judiciary by …
Slapp Suits: An Encroachment On Human Rights Of A Global Proportion And What Can Be Done About It,
2023
Northwestern Pritzker School of Law
Slapp Suits: An Encroachment On Human Rights Of A Global Proportion And What Can Be Done About It, Laura Prather
Northwestern Journal of Human Rights
Freedom of expression is the underpinning of all other freedoms. Yet, increasingly, journalists, citizens, advocacy groups, whistleblowers, academics, and media organizations are being targeted and subjected to judicial harassment for informing the public about matters of public concern, denouncing authoritarian regimes, and exposing wrongdoing. These meritless lawsuits do not seek to right a wrong, but rather to silence and intimidate critics. They are known as “Strategic Lawsuits Against Public Participation” (“SLAPP” suits) and are on the rise globally. Because SLAPP suits are designed to inhibit ongoing investigations, stifle informed public debate, and prevent legitimate public interest reporting, they present a …
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy,
2023
Boston University School of Law
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
BU Law Presentations
Poster for Jasmine Gonzales Rose's 2023 University lecture.
What Twenty-First-Century Free Speech Law Means For Securities Regulation,
2023
University of Colorado School of Law
What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton
Notre Dame Law Review
Securities law has long regulated securities-related speech—and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court’s twenty-first-century Free Speech Clause doctrine has inspired corporate speakers’ increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …
To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity,
2023
Fordham University School of Law
To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity, Hannah Bobek
Fordham Law Review
Non-fungible tokens (NFTs) allow for authentication and ownership of digital assets, which are notable features in the virtual world given the infiniteness of internet content. The emergence of this novel technology, however, has raised challenges, especially regarding enforcement of the right of publicity. This Note addresses how litigators have approached right of publicity violations arising from NFTs and how courts might respond to future violations that this technology is capable of facilitating. Legal scholars and commentators argue that certain features of NFTs pose pronounced threats to the right of publicity, namely the technology’s novelty, democratized nature, anonymization of creators, transferability …
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady,
2023
Fordham University School of Law
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Fordham Law Review
Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …
Deplatforming,
2023
Vanderbilt University Law School
Deplatforming, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Deplatforming in the technology sector is hotly debated, and at times may even seem unprecedented. In recent years, scholars, commentators, jurists, and lawmakers have focused on the possibility of treating social-media platforms as common carriers or public utilities, implying that the imposition of a duty to serve the public would restrict them from deplatforming individuals and content.
But, in American law, the duty to serve all comers was never absolute. In fact, the question of whether and how to deplatform-—to exclude content, individuals, or businesses from critical services—- has been commonly and regularly debated throughout American history. In the common …
The News Media Engagement Principle: Why Social Media Has Not Actually Overrun The Limited Purpose Public Figure Category,
2023
Arizona State University
The News Media Engagement Principle: Why Social Media Has Not Actually Overrun The Limited Purpose Public Figure Category, Zachary R. Cormier
University of Miami Law Review
Has the rise of social media ruined the limited purpose public figure category of the First Amendment’s actual malice privilege? Justice Gorsuch believes so—and he has recently invited courts to get rid of it. He argues that the category now includes vast numbers of otherwise private citizens that have “become ‘public figures’ on social media overnight.” With so many people qualifying as limited purpose public figures (and having to overcome the actual malice standard to prevail on a defamation claim), he claims that the category has evolved to provide an unjustified shield for the masses of misinformation-peddlers on social media. …
For Freedom Or Full Of It? State Attempts To Silence Social Media,
2023
University of Miami School of Law.
For Freedom Or Full Of It? State Attempts To Silence Social Media, Grace Slicklen
University of Miami Law Review
Freedom of speech is, unsurprisingly, foundational to the “land of the free.” However, the “land of the free” has undergone some changes since the First Amendment’s ratification. Unprecedented technological evolution has ushered in a digital forum in which the volume, speed, and reach of words transcend the Framers’ visions of the First Amendment’s aims. Social media platforms have become central spaces for public discourse, where opportunities to create—and repress—speech are endless. From enabling individuals to freely express their views, to allowing state actors to limit open exchanges, it is about time that the Supreme Court tackles this complex issue of …
Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures,
2023
Georgetown University Law Center
Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier
Fordham Law Voting Rights and Democracy Forum
In 2021, the United States Supreme Court in Americans for Prosperity Foundation v. Bonta considered the anonymous speech rights of charitable donors against the California Attorney General’s interest in preventing wrongdoing by charitable organizations. The Court applied exacting scrutiny, a standard traditionally applied to campaign finance disclosure laws, determining that California’s requirement was facially invalid as a violation of associational rights. Bonta did not concern campaign finance, making this application of exacting scrutiny novel. This Article considers the open questions raised by Bonta regarding how exacting scrutiny should be applied and what it means for the future of campaign finance …
Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties,
2023
Harvard Law School
Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong
Fordham Law Voting Rights and Democracy Forum
Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center,
2023
Golden Gate University School of Law
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres
Golden Gate University Law Review
The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …
Turn Up The Volume: The Connick Pickering Test As A Remedy For Quiet Quitting And The Covid-19 Pandemic’S Impact On Critical Private Employment Issues,
2023
University of Cincinnati College of Law
Turn Up The Volume: The Connick Pickering Test As A Remedy For Quiet Quitting And The Covid-19 Pandemic’S Impact On Critical Private Employment Issues, Megan E. Bowling
University of Cincinnati Law Review
No abstract provided.
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause,
2023
University of Cincinnati College of Law
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth
University of Cincinnati Law Review
No abstract provided.
Education, The First Amendment, And The Constitution,
2023
University of California, Berkeley, School of Law
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
School Matters,
2023
University of Cincinnati College of Law
School Matters, Ronna Greff Schneider
University of Cincinnati Law Review
No abstract provided.
Florida’S Stop Woke Act And Its Function As A Content-Based Restriction,
2023
Golden Gate University School of Law
Florida’S Stop Woke Act And Its Function As A Content-Based Restriction, Emily Kearns
GGU Law Review Blog
May 2023, Florida Governor Ron Desantis signed into law Florida Senate Bill 266 (SB 266) concerning changes to funding requirements for Florida State University System institutions.. Under SB 266, university undergraduate courses may not “distort significant historical events or include a curriculum that teaches identity politics…or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities”.
The bill is popularly known as the “Stop Woke Act” (hereafter “the Act”)—an attempt to curtail the apparent horrors of Critical Race …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Anti-Woke Capitalism, The First Amendment, And The Decline Of Libertarianism,
2023
Northwestern Pritzker School of Law
Anti-Woke Capitalism, The First Amendment, And The Decline Of Libertarianism, Amanda Shanor, Sarah E. Light
Northwestern University Law Review
Firms across the globe, including financial institutions like banks, asset managers, and pension fund managers, are adopting strategies to account for the risks they face from climate change. These strategies include declining to invest in certain emissions-intensive projects or advising firms in their portfolios to report or reduce climate impacts and risks. These forms of private environmental governance can be characterized as one aspect of the “E” within a broader management strategy of “ESG,” or the management of environmental, social, and governance factors. Regulators in the United States and other countries are beginning to mandate that firms take some of …
Playing The Unfair Game: Apostates, Abuse & Religious Arbitration,
2023
William & Mary Law School
Playing The Unfair Game: Apostates, Abuse & Religious Arbitration, Thomas Floyd
William & Mary Law Review
This Note argues that the Bixler [v. Superior Court] approach should become the standard for evaluating the enforceability of religious arbitration against ex-members. Courts should not enforce agreements to religious arbitration against ex-members of a faith when the relevant conduct occurred after their religious affiliation ended. The First Amendment right of believers to leave their faith should prevail over the First Amendment right of churches to police their internal religious doctrine. Siding with the institutions on this issue allows them the power to exert control over apostates in perpetuity through an unintended synergy of the First Amendment and …
