Digital Commons Network^™

"Free Speech, First Amendment, And New Media For Cons And Festivals" From Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these events in public venues and the crowd management issues involving free speech make First Amendment and free speech issues a critical component of event management. This excerpt provides a framework for understanding the legal and security issues involving free speech at public events.

The Baseline Bar, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Blood Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Holier Than You And Me: 'Religious Liberty' Is The New Bully Pulpit And Its Meaning Is Endangering Our Way Of Life, Marsha B. Freeman

Faculty Scholarship

No abstract provided.

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Faculty Scholarship

For the past thirty years, the general advice for those seeking to collect, use, and share people’s personal data in a responsible way was relatively straightforward: follow the fair information practices, often called the “FIPs.” These general guidelines were designed to ensure that data processors are accountable for their actions and that data subjects are safe, secure, and endowed with control over their personal information. The FIPs have proven remarkably sturdy against the backdrop of near-constant technological change. Yet in the age of social media, big data, and artificial intelligence, the FIPs have been pushed to their breaking point. We …

Pricing The Fourth Amendment, Miriam H. Baer

Faculty Scholarship

Critics have long decried the Fourth Amendment’s lack of an adequate remedy to secure its compliance. Neither the exclusionary rule nor the threat of civil liability deters police misconduct, leaving scholars to cast about for alternative measures. The emphasis on penalties, however, overlooks a different problem: detection. Because of policing’s fast-paced nature, even so-called “flagrant” Fourth Amendment violations trigger insufficient liability due to low probabilities of detection.

This Article addresses this problem by drawing on the Pigouvian tax literature. The Pigouvian tax—sometimes referred to as a “corrective tax”—is a pricing instrument imposed by regulators in an amount equal to the …

Sexual Violence As An Occupational Hazard And Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak

Faculty Scholarship

Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …

3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim

Faculty Scholarship

3D bioprinting combines emerging 3D printing technologies with synthetic biology. The promise of 3D bioprinting technology is to fabricate organs for transplantation, treat burn victims with in vivo skin repair, and create wearable microbiomes. 3D bioprinting can successively build, repair, or reproduce living human cells. This capability challenges eligible subject matter doctrine in U.S. patent law because the law has no brightline standard for patent eligibility for nature-based products. As 3D bioprinting technologies mature, U.S. patent law will need to respond to situations where living and nonliving worlds merge. This Article proposes a "Mixed-Scanned-Transformed" standard to supplement U.S. patent law's …

Shortlisted, Hannah Brenner, Renee Knake

Faculty Scholarship

As the New York Times noted in 1971, Mildred Lillie fortunately had no children. Even in her fifties, she maintained "a bathing beauty figure." Lillie was not, however, a swimsuit model. She was one of President Nixon's possible nominees for the United States Supreme Court. This Article tells the stories of nearly a dozen extraordinary women considered, but ultimately not nominated, for the Court before Justice Sandra Day O'Connor became the first in 1981. The public nature of the nomination process enables us to analyze the scrutiny of these women by the profession and media, and analogize to those similarly …

White Doors, Black Footsteps: Leveraging "White Privilege" To Benefit Law Students Of Color, Leslie Culver

Faculty Scholarship

Law students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In addition, relevant scholarship comments that one of the primary privileges of whiteness is having greater access to power and resources than people of color do. It follows then, as recent legal scholarship suggests, that law students of color who fail to develop a cultural competence may be …

From Visualization To Legal Design: A Collaborative And Creative Process, Gerlinde Berger-Walliser, Thomas D. Barton, Helena Haapio

Faculty Scholarship

The digital revolution has prompted a strong and accelerating interest in "visualization"-the use of images, photos, icons, diagrams, charts, or videos to enhance or supplant printed language. Although the law remains predominately focused on the written word, the appeal of images to clarify and persuade suggests that legal visualization will be increasingly explored in research and legal practice in coming years. As Michael D. Murray writes, "socio-epistemic and law and society studies affirm that as modern culture becomes increasingly visual, discourse of every kind must follow suit."

Pioneering visualization studies have been groundbreaking and expansive. Murray provides a helpful overview …

Certain Certiorari: The Digital Privacy Rights Of Probationers, Daniel Yeager

Faculty Scholarship

In a recent oral argument, a judge on the California Court of Appeal told me they had "at least 50" pending cases on the constitutionality of probation conditions authorizing suspicionless searches of digital devices. As counsel of record in three of those cases, I feel positioned to comment on this hot topic within criminal law. My intention here is less to reconcile California's cases on suspicionless searches of probationers' digital devices than to locate them within the precedents of the United States Supreme Court, which is bound before long to pick up a case for the same purpose.

Too Big To Fool: Moral Hazard, Bailouts, And Corporate Responsibility, Steven L. Schwarcz

Faculty Scholarship

Domestic and international regulatory efforts to prevent another financial crisis have been converging on the idea of trying to end the problem of “too big to fail”—that systemically important financial firms take excessive risks because they profit from success and are (or at least, expect to be) bailed out by government money to avoid failure. The legal solutions being advanced to control this morally hazardous behavior tend, however, to be inefficient, ineffective, or even dangerous—such as breaking up firms and limiting their size, which can reduce economies of scale and scope; or restricting central bank authority to bail out failing …

The Tax Lives Of Uber Drivers: Evidence From Internet Discussion Forums, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

In this Article, we investigate the tax issues and challenges facing Uber and Lyfi drivers by studying their online interactions in three internet discussion forums: Reddit.com, Uberpeople.net, and Intuit TurboTax AnswerXchange. Using descriptive statistics and content analysis, we examine (1) the substantive tax concerns facing forum participants, (2) how taxes affect their driving and profitability decisions, and (3) the degree of user sophistication, accuracy of legal advising, and other cultural features of the forums.

We find that while forum participants displayed generally accurate understandings of tax filing and income inclusion obligations, their approaches to expenses and deductions were less accurate …

The Role Of Social Enterprise And Hybrid Organizations, Ofer Eldar

Faculty Scholarship

Recent years have brought remarkable growth in hybrid organizations that combine profit-seeking and social missions. Despite popular enthusiasm for such organizations, legal reforms to facilitate their formation and growth—particularly, legal forms for hybrid firms—have largely been ineffective. This shortcoming stems in large part from the lack of a theory that identifies the structural and functional elements that make some types of hybrid organizations more effective than others. In pursuit of such a theory, this Article focuses on a large class of hybrid organizations that has been effective in addressing development problems, such as increasing access to capital and improving employment …

Introduction: The Post-Carbon World: Advances In Legal And Social Theory, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Financing The Benefit Corporation, Steven A. Dean, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Beyond Zero-Sum Environmentalism, David Takacs

Faculty Scholarship

No abstract provided.

Primary Care Lawyers: A Holistic Approach To Pro Bono Business Lawyering, Alina S. Ball

Faculty Scholarship

No abstract provided.

A Constitutional Jurisprudence Of Children’S Vulnerability, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

The 2016 Presidential Election: The Next Four Years And Beyond, Scott Dodson, Dahlia Lithwick, Bertrall L. Ross, Joan C. Williams

Faculty Scholarship

No abstract provided.

Seeking A Rational Approach To A Regional Refugee Crisis: Lessons From The Summer 2014 ‘Surge’ Of Central American Women And Children At The Us-Mexico Border, Karen Musalo, Eunice Lee

Faculty Scholarship

No abstract provided.

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin Feldman, Evan Frondorf, Andrew K. Cordova, Connie Wang

Faculty Scholarship

No abstract provided.

Lesson Unlearned?: Regulatory Reform And Financial Stability In The Trump Administration, John Crawford

Faculty Scholarship

No abstract provided.

The Gender Gap In Startup Catalyst Organizations: Bridging The Divide Between Narrative And Reality, Alice Armitage, Robin Feldman

Faculty Scholarship

No abstract provided.

Design Thinking: The Answer To The Impasse Between Innovation And Regulation, Alice Armitage, Andrew K. Cordova, Rebecca Siegel

Faculty Scholarship

No abstract provided.

The Role Of Human Rights Litigation In Improving Access To Reproductive Health Care And Achieving Reductions In Maternal Mortality, Jennifer Templeton Dunn, Katherine Lesyna, Anna Zaret

Faculty Scholarship

No abstract provided.

Liberty And Community In Marriage: Expanding On Massey's Proposal For A Community Property Option In New Hampshire, Jo Carrillo

Faculty Scholarship

No abstract provided.

Searching Places Unknown: Law Enforcement Jurisdiction On The Dark Web, Ahmed Ghappour

Faculty Scholarship

No abstract provided.

The Drive To Precarity: A Political History Of Work, Regulation, & Labor Advocacy In San Francisco's Taxi & Uber Economies, Veena B. Dubal

Faculty Scholarship

No abstract provided.