Law Commons^™

Beyond Social Media Analogues, Gregory M. Dickinson

Faculty Articles

The steady flow of social-media cases toward the Supreme Court shows a nation reworking its fundamental relationship with technology. The cases raise a host of questions ranging from difficult to impossible: how to nurture a vibrant public square when a few tech giants dominate the flow of information, how social media can be at the same time free from conformist groupthink and also protected against harmful disinformation campaigns, and how government and industry can cooperate on such problems without devolving toward censorship.

To such profound questions, this Essay offers a comparatively modest contribution—what not to do. Always the lawyer’s instinct …

On The Abuse And Limits Of Lawyer Discipline, Vincent R. Johnson

Faculty Articles

Despite being routinely underfunded, lawyer disciplinary processes must operate in ways that merit the confidence of both society at large and the American legal profession. This means that those who participate in lawyer grievance adjudication must be vigilant against systemic abuse (whether deliberate or unintentional) and mindful of factors that limit institutional competence. This Essay argues that, in many instances, disciplinary authorities should abstain from deciding grievances that would require them to rule on unresolved scientific questions, particularly if controversial matters are involved. The Essay further urges that grievance rulings must be consistent with American constitutional principles which favor robust …

Dueling Democracies: Protecting Labor Representation Elections From Governmental Interference, John W. Teeter Jr

Faculty Articles

Public officials should be free to support or oppose unionization, but we must prevent their electioneering from undermining the industrial democracy of labor representative elections. Such elections are designed to be freely held; workers decide whether they wish to be represented by a union for purposes of collective bargaining. This choice of whether to unionize is for the workers alone without any governmental favoritism or coercion.

Government officials however have repeatedly jeopardized laboratory conditions by campaigning in labor representation elections. The Board should reassure workers of their right to cast uncoerced ballots, clarify that the political officials are not declaring …

The Crime Of Barratry: Criminal Responsibility For A Branch Of Professional Responsibility, Gerald S. Reamey

Faculty Articles

When lawyers thought of spurious litigation or solicitation of clients, they thought only of disciplinary rules and possible sanctions by a grievance committee. Such misconduct is not, however, merely a breach of professional etiquette or a violation of disciplinary rules. It is also a crime. Barratry, unlike most forms of professional misconduct, is criminal. The sanctions are more serious and the procedures are often less familiar than for other ethical lapses. Personal solicitation of prospective clients is the evil targeted by the barratry statute.

In Bates v. State Bar of Arizona, the Supreme Court first recognized lawyer advertising as commercial …

Toward Domestic Recognition Of A Human Right To Language, Bill Piatt

Faculty Articles

There is no clearly defined “right to language” in the United States. Yet, there do exist sources of such a right. For example, a constitutionally protected right to express oneself or receive communications in a language other than English is supported by a number of federal court decisions. Further, there may be a first amendment right to receive broadcast programming in languages other than English, and some federal statutes even provide a guarantee of the exercise of language rights in a number of public and civic contexts.

In spite of these sources for a right to language, it is an …