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Articles 1 - 22 of 22
Full-Text Articles in Law
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
FIU Law Review
In an era where science, free speech, and public choice clash, the historical unity between these pillars, as envisioned by America's founding fathers, is obscured. Examining Thomas Jefferson's reverence for Bacon, Locke, and Newton, reveals a past where reason and freedom intertwined. However, contemporary challenges, epitomized by the pandemic response, illustrate a divergence. Amidst censorship and expert dominance, the vital role of public scrutiny emerges. Acknowledging the fallibility of experts and embracing free speech as essential for reasoned discourse becomes imperative. To restore the balance, humility from scientific institutions, a renewed appreciation for free speech, and public courage are necessary …
Fiduciary Duty As A Shield For Social Media User Privacy And Platform Policing Of Political Misinformation And Disinformation, Michael M. Epstein
Fiduciary Duty As A Shield For Social Media User Privacy And Platform Policing Of Political Misinformation And Disinformation, Michael M. Epstein
FIU Law Review
No abstract provided.
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
FIU Law Review
There are roughly 700 Confederate monuments still standing in courthouse lawns, parks, and downtown squares in virtually every city, town, and village throughout the “Old South.” Most of these Confederate monuments are located in states that have enacted legislation that bans the removal of Confederate monuments. Such legislative bans are in effect in Alabama, Georgia, Kentucky Mississippi, North Carolina, South Carolina, and Tennessee. Legislation that bans removal of Confederate monuments from public spaces poses a racial justice issue for millions of residents in these states because it forces political majorities in Southern communities (many constituting majority-minority communities) to host a …
Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena
Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena
FIU Law Review
Strategic Lawsuits Against Public Participation (“SLAPPs”) are meritless claims brought against individuals or corporations to silence them for exercising protected speech under the First Amendment. In response to the chilling effects of these SLAPPsuits, State legislatures have enacted anti-SLAPP statutes to quickly dismiss these meritless claims and protect the targets of these suits. These anti-SLAPP statutes have two prominent components: a special motion to dismiss and an attorney fee-shifting provision that is dependent on prevailing on the special motion set forth in the statute. Federal courts sitting in diversity are divided over whether the special motion standards set forth in …
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
FIU Law Review
No abstract provided.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
FIU Law Review
No abstract provided.
Transparency And The First, Mark Fenster
Sport And Expression, Sport As Expression, Howard M. Wasserman
Sport And Expression, Sport As Expression, Howard M. Wasserman
FIU Law Review
No abstract provided.
Fish On First, Larry Alexander
Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker
Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker
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, Audriana Rodriguez
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.
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability, Martin Senftleben
Institutionalized Algorithmic Enforcement—The Pros And Cons Of The Eu Approach To Ugc Platform Liability, Martin Senftleben
FIU Law Review
No abstract provided.
Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann
Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann
FIU Law Review
No abstract provided.
Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett
Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett
FIU Law Review
No abstract provided.
Deconstitutionalizing Dewey, Aaron Saiger
Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins
Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins
FIU Law Review
No abstract provided.
A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz
A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz
FIU Law Review
No abstract provided.
Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene
Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene
FIU Law Review
No abstract provided.
“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith
“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith
FIU Law Review
No abstract provided.
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier
Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier
FIU Law Review
No abstract provided.