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Articles 1 - 6 of 6
Full-Text Articles in Law
Make New York Affordable Again, Michael Lewyn
Make New York Affordable Again, Michael Lewyn
Scholarly Works
Suggests a package of zoning reforms to hold down New York City housing costs, and responds to counterarguments.
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Scholarly Works
In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Scholarly Works
Since the birth of the concept of a legally-recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, The Right to Privacy, common law – with the aid of influential scholars -- has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.
This Article explores the challenges of prosecution of the specific privacy tort of intrusion into seclusion involving non-governmental use …
Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight
Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight
Scholarly Works
Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due to companies’ imposition of mandatory arbitration on their employees. By denying their employees access to court, companies are causing employment law to stultify. This impacts all employees, but particularly harms the most vulnerable and oppressed members of our society for whom legal evolution is most important. If companies can continue to use mandatory arbitration to eradicate access to court, where judges are potentially influenced by social …
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
Scholarly Works
This Article examines specialty courts, including drug, alcohol, and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “co-occurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic …
Daniel Amsterdam's Roaring Metropolis: Businessmen's Campaign For A Civic Welfare State, Laura Phillips Sawyer
Daniel Amsterdam's Roaring Metropolis: Businessmen's Campaign For A Civic Welfare State, Laura Phillips Sawyer
Scholarly Works
Daniel Amsterdam’s Roaring Metropolis: Businessmen’s Campaign for a Civic Welfare State challenges the conventional narrative of early twentieth-century American businessmen as promoting laissezfaire or antistatist politics. Instead, as Amsterdam argues, elite business leaders campaigned vigorously for greater municipal spending on civic welfare projects, which included building and improving public schools, public health infrastructure, parks and playgrounds, libraries, and museums. Rather than focus on national-level business in- government, his narrative traverses multiple cities (Detroit, Philadelphia, and Atlanta) to demonstrate both the diversity of political challenges and institutional constraints that civic-minded reformers faced as well as the striking convergence of civic welfare …