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A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart 2016 Brooklyn Law School

A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart

Journal of Law and Policy

Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus anti-harassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This note first provides an overview of the ...


When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor 2016 Brooklyn Law School

When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor

Journal of Law and Policy

As one surveys the vast and ever-changing landscape of law and litigation, few things stand out as so unanimously exalted and carefully guarded as the privilege protecting attorney-client communications. Yet there is today a surprising lack of uniformity and predictability in the reasoning by which New York courts determine whether a communication made by in-house counsel to its corporate client will – or will not – enjoy the protection of that privilege. Rather than follow a single and predictable analysis to resolve the question, New York courts have oscillated between one line of decisions focusing primarily on the purpose of the communication ...


No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra DeCarlo 2016 Brooklyn Law School

No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra Decarlo

Journal of Law and Policy

Throughout history, domestic violence has been infamously kept behind closed doors and outside of our legislature. It was not until the 1960s, due to the efforts of the battered women’s movement, that the U.S. government began to address domestic violence as a social ill and offered protection to victims through statutes and policies in both State and Federal capacities. This note elaborates on one such policy, known as a “No-Drop” policy, which has been implemented by prosecutor’s offices throughout New York City’s five boroughs, as a mechanism to aggressively combat domestic violence. “No- Drop” policies allow ...


Producing Democratic Vibrancy, K. Sabeel Rahman 2016 Brooklyn Law School

Producing Democratic Vibrancy, K. Sabeel Rahman

Journal of Law and Policy

Professor Rahman gives his thoughts and opinions on the impact of Citizens' United v. FEC and the growth of the First Amendment debate since. The comment analyzes the normative udnerstanding of democracy and the ongoing debate campaifgn finance have. Professor Rahman concludes by suggesting that the debate is wrongly focused on the indivudals being consumers of politcal speech rather than the producers of it.


The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith 2016 Brooklyn Law School

The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith

Journal of Law and Policy

This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen 2016 Brooklyn Law School

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Journal of Law and Policy

As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary ...


Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano 2016 Brooklyn Law School

Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano

Journal of Law and Policy

The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle ...


Where's The Fire?, Burt Neuborne 2016 Brooklyn Law School

Where's The Fire?, Burt Neuborne

Journal of Law and Policy

Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn ...


Boyd Briefs - Dec. 1, 2016, University of Nevada, Las Vegas -- William S. Boyd School of Law 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Dec. 1, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Boyd Briefs - Nov. 21, 2016, University of Nevada, Las Vegas -- William S. Boyd School of Law 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Nov. 21, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Master Gardeners, Kathleen Morris 2016 Golden Gate University School of Law

Master Gardeners, Kathleen Morris

Publications

In legal education, we tend to focus first and foremost on producing graduates who can effectively serve and thrive in the private for-profit, non-profit, and federal government economies. There are pressing reasons to maintain these priorities. And yet, assuming legal educators come to believe -- as Schragger has (and I have) -- that cities belong "at the center of economic and constitutional thinking," it stands to reason that law schools should find a way to place cities among the subjects at the center of legal educational thinking. Now is the time to consider how law schools can help raise up the Master ...


Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter 2016 USAF

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic ...


Boyd Briefs - Nov. 11, 2016, University of Nevada, Las Vegas -- William S. Boyd School of Law 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Nov. 11, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins 2016 Selected Works

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Creating Space For Reservation Growth, Ezra Rosser 2016 American University Washington College of Law

Creating Space For Reservation Growth, Ezra Rosser

Ezra Rosser

No abstract provided.


Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin 2016 Stanford Law School

Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin

Ezra Rosser

This paper is the front matter for the publication "Poverty Law, Policy, and Practice" published by Wolters Kluwer, 2014.


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis 2016 American University Washington College of Law

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Brenda Smith

No abstract provided.


Boyd Briefs - Nov. 4, 2016, University of Nevada, Las Vegas -- William S. Boyd School of Law 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Nov. 4, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Fourth Annual Veterans Conference: Reintegration And Homecoming: Welcoming Warriors And Saluting Service, Renato Izquieta, Michael Blecker 2016 Legal Aid Society of Orange County

Fourth Annual Veterans Conference: Reintegration And Homecoming: Welcoming Warriors And Saluting Service, Renato Izquieta, Michael Blecker

Veterans Law Conference

No abstract provided.


E-Museletter: November 2016, Kathleen Klepfer 2016 University of Richmond

E-Museletter: November 2016, Kathleen Klepfer

Museletter

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