Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause,
2020
University of Maryland Francis King Carey School of Law
Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga
Maryland Law Review
No abstract provided.
Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements,
2020
University of Maryland Francis King Carey School of Law
Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements, Delaney E. Anderson
Maryland Law Review
No abstract provided.
Symposium: The California Consumer Privacy Act,
2020
University of Colorado Law School
Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix Wu, Justin Hughes
Publications
This symposium discussion of the Loyola of Los Angeles Law Review focuses on the newly enacted California Consumer Privacy Act (CPPA), a statute signed into state law by then-Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020. The panel was held on February 20, 2020.
The panelists discuss how businesses are responding to the new law and obstacles for consumers to make effective use of the law’s protections and rights. Most importantly, the panelists grapple with questions courts are likely to have to address, including the definition of personal information under the CCPA, the application …
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism,
2020
University of Maryland Francis King Carey School of Law
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Maryland Law Review
No abstract provided.
The Chilling Effect Claims In ‘Zeran V. Aol’,
2020
Osgoode Hall Law School of York University
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
Articles & Book Chapters
No abstract provided.
The Facebook Oversight Board: Creating An Independent Institution To Adjudicate Online Free Expression,
2020
St. John's University School of Law
The Facebook Oversight Board: Creating An Independent Institution To Adjudicate Online Free Expression, Kate Klonick
Faculty Publications
For a decade and a half, Facebook has dominated the landscape of digital social networks, becoming one of the most powerful arbiters of online speech. Twenty-four hours a day, seven days a week, over two billion users leverage the platform to post, share, discuss, react to, and access content from all over the globe. Through a system of semipublic rules called “Community Standards,” Facebook has created a body of “laws” and a system of governance that dictate what users may say on the platform. In recent years, as this intricately built system to dispatch the company’s immense private power over …
The Law Of Obscenity In Comic Books,
2020
Touro Law Center
The Law Of Obscenity In Comic Books, Rachel Silverstein
Touro Law Review
No abstract provided.
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability,
2020
Professor of Law, Institute for Information Law, University of Amsterdam
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability, Martin Senftleben
FIU Law Review
No abstract provided.
Will The Players Union Take An L Or Take A Knee?: The First Amendment Legal Issues Surrounding The Nfl National Anthem Controversy,
2020
Florida International University (FIU) College of Law, J.D. 2020
Will The Players Union Take An L Or Take A Knee?: The First Amendment Legal Issues Surrounding The Nfl National Anthem Controversy, Audriana Rodriguez
FIU Law Review
No abstract provided.
Black Women And Girls And The Twenty-Sixth Amendment: Constitutional Connections, Activist Intersections, And The First Wave Youth Suffrage Movement,
2020
Seattle University School of Law
Black Women And Girls And The Twenty-Sixth Amendment: Constitutional Connections, Activist Intersections, And The First Wave Youth Suffrage Movement, Mae C. Quinn
Seattle University Law Review
On this 100th anniversary of the Nineteenth Amendment—and on the cusp of the fiftieth anniversary of the Twenty-sixth Amendment—this article seeks to expand the voting rights canon. It complicates our understanding of voting rights history in the United States, adding layers to the history of federal constitutional enfranchisement and encouraging a more intersectional telling of our suffrage story in the days ahead.
Thus, this work not only seeks to acknowledge the Twenty-sixth Amendment as important constitutional content, as was the goal of the article I wrote with my law student colleagues for a conference held at the University of Akron …
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility,
2020
University of Miami School of Law
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
Articles
No abstract provided.
Speech Inequality After Janus V. Afscme,
2020
Seattle University School of Law
Speech Inequality After Janus V. Afscme, Charlotte Garden
Faculty Articles
This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the decision’s …
Avoidance Creep,
2020
Seattle University School of Law
Avoidance Creep, Charlotte Garden
Faculty Articles
At first glance, constitutional avoidance—the principle that courts construe statutes so as to avoid conflict with the Constitution whenever possible—appears both unremarkable and benign. But when courts engage in constitutional avoidance, they frequently construe statutory language in a manner contrary to both its plain meaning and to the underlying congressional intent. Then, successive decisions often magnify the problems of avoidance—a phenomenon I call “avoidance creep.” When a court distorts a statute in service of constitutional avoidance, a later court may amplify the distortion, incrementally changing both statutory and constitutional doctrine in ways that are unsupported by any existing rationale for …
‘‘Appearance Of Corruption’’: Linking Public Opinion And Campaign Finance Reform,
2020
University of Colorado Law School
‘‘Appearance Of Corruption’’: Linking Public Opinion And Campaign Finance Reform, Douglas M. Spencer, Alexander G. Theodoridis
Publications
At present, campaign finance regulations may only be justified if their primary purpose is to prevent quid pro quo corruption or the appearance of corruption. References to the ‘‘appearance of corruption’’ are ubiquitous in campaign finance decisions, yet courts have provided very little guidance about what the phrase means. In this article, we report findings from a broadly representative national survey in which we (1) directly ask respondents to identify behaviors that appear politically corrupt, and (2) indirectly measure perceptions of corruption using a novel paired-choice conjoint experiment asking respondents to choose which of two randomly generated candidates are more …
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion,
2020
University of Idaho College of law
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
Articles
No abstract provided.
Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle,
2020
University of Arkansas at Little Rock William H. Bowen School of Law
Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed
University of Arkansas at Little Rock Law Review
No abstract provided.
A Dangerous Inheritance: A Child’S Digital Identity,
2020
Seattle University School of Law
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
Seattle University Law Review
This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values,
2020
J.D. Candidate, 2020, Roger Williams University School of Law
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values, Troy Lange
Roger Williams University Law Review
No abstract provided.
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle,
2020
University of Georgia School of Law
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Scholarly Works
Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …
