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Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises, Peter Maggiore
Michigan Telecommunications & Technology Law Review
In a sense, social media has become the ideal manifestation of the "Marketplace of Ideas" (hereinafter "Marketplace") that Chief Justice Oliver Wendell Holmes articulated. The Marketplace concept will be discussed in greater detail below, but in brief, it is the theory that truth will surface over falsehoods when all opinions and ideas are freely expressed, because the value or worth of that opinion or idea will be determined on the market of public opinion. Part I of this Note will examine the Marketplace concept through the works of various legal and philosophical theorists. Chief among them is Frederick Schauer's work …
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
University of Michigan Journal of Law Reform
Through innocent pleas and innocence procedures, this Article urges a fundamental change to the adversarial system to minimize the risk that factually innocent persons will be convicted of crimes. The current system, based on determining whether the prosecution can prove guilt beyond a reasonable doubt, results in acquittals of guilty persons when evidence is sparse and convictions of innocent persons when evidence is abundant. It might be easier philosophically to accept that guilty persons will go free than to know that some innocent persons will be convicted and imprisoned, especially in the American justice system where erroneous jury verdicts based …
Guerrillas In Our Midst: The Assault On Radicals In American Law, Daria Roithmayr
Guerrillas In Our Midst: The Assault On Radicals In American Law, Daria Roithmayr
Michigan Law Review
On October 9, 1997, radicals everywhere celebrated the thirtieth anniversary of the death of Che Guevara, the revered Cuban and South American rebel known as much for his guerrilla manifestos as for his scraggly facial hair and the black beret positioned slightly askance. At the same time Latin Americans and revolutionaries were marking the death of their beloved Che, Professors Daniel Farber and Suzanna Sherry were publishing their long-awaited book, Beyond All Reason: The Radical Assault on Truth in American Law. The professors' timing was, unintentionally, quite appropriate. Like many of Che's manifestos, the book sounds an ideological call to …
Moral Reality Revisited, Michael S. Moore
Moral Reality Revisited, Michael S. Moore
Michigan Law Review
Both the moral realist and the relational theses need clarification and motivation as much as they need defense. Because I have recently focused on the relational thesis, in this article I shall focus on the moral realist thesis. I shall ask three questions about the thesis. First, what does the thesis assert? This is a matter of clarifying what one means when one either asserts or denies that moral values are objective. Second, why should we care whether the moral realist thesis is true or false? I shall examine this question both in terms of the impact the truth or …