Law Commons^™

Why Personhood Matters, Tamara R. Piety

Tamara R. Piety

One of the most controversial aspect of the Supreme Court's decisions in Citizens United and Hobby Lobby is its treatment of corporate personhood. Many members of the public object to the notion that corporations should have the same rights as human beings. Yet many scholars claim that this concern is misplaced. In this article I argue that concern about corporate personhood is not misplaced because the personhood metaphor conceals the degree to which there has not been an adequate justification given for extending fundamental rights to corporations. Focusing on personhood allows us to push on the metaphor to ask whether …

Book Talk: Professor Tamara Piety, Tamara Piety

Tamara R. Piety

Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Beginning with an …

The Heroic Corporation And First Amendment Romanticism: A Response To Professorsredish And Neuborne, Tamara R. Piety

Tamara R. Piety

Response to book reviews of my book "Brandishing the First Amendment" by Martin Redish and Burt Neuborne.

"A Necessary Cost Of Freedom"? The Incoherence Of Sorrell V. Ims, Tamara Piety

Tamara R. Piety

No abstract provided.

Symposium Opening, Rachel Hughes, Tamara Piety

Tamara R. Piety

Opening remarks and introduction to the 12th annual Tulsa Law Review's Legal Scholarship Symposium.

Brandishing The First Amendment: Commercial Expression In America, Tamara Piety

Tamara R. Piety

Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Prof. Piety appeared …

Use It Or Lose It: Copyright And Fair Use For Researchers And Scholars, Robert Spoo, Adrian Alexander, Kevin Dettmar, Peter Jaszi, Brendan O'Neill, Kate O'Neill, Robert Pickering, Tamara Piety, Paul Saint-Amour, Laura Stevens, Sean Latham, Sam Halabi

Tamara R. Piety

A public forum on Copyright and Fair Use. Panelists included:

• Adrian Alexander, R.M. and Ida McFarlin Dean of the Library, The University of Tulsa
• Kevin J. H. Dettmar, W. M. Keck Professor and Chair of English, Pomona College.
• Sam Halabi, Assistant Professor, The University of Tulsa College of Law
• Peter Jaszi, Professor and Director of the Glushko-Samuelson Intellectual Property Clinic, Washington College of Law, American University
• Sean Latham, Pauline Walter Professor of English and Comparative Literature, Editor of the James Joyce Quarterly, The University of Tulsa
• Brendan O’Neill, Editor, Literature and Cinema Studies, Oxford …

Tribute To The Scholarship Of Frank Michelman: Meditations On Mentoring And The Scholar As Mentor, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Selected Entries (Burden Of Proof, Robbery, And Theft), Tamara Piety

Tamara R. Piety

No abstract provided.

Smoking In Bed, Tamara Piety

Tamara R. Piety

No abstract provided.

Selected Entries (Commercial Speech, Burden Of Proof), Tamara Piety

Tamara R. Piety

No abstract provided.

Comment, Scorched Earth: How The Doctrine Of Civil Forfeiture Has Laid Waste To Due Process, Tamara Piety

Tamara R. Piety

No abstract provided.

Something Fishy: Or Why I Make My Students Read Fast-Fish And Loose-Fish, Tamara Piety

Tamara R. Piety

No abstract provided.

A Critique Of Adjudication: Fin De Siecle: Confession Without Avoidance, Tamara Piety

Tamara R. Piety

No abstract provided.

Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety

Tamara R. Piety

Presented by TU's Federalist Society: Professor Robin Fretwell Wilson, the Class of 1958 Law Alumni Professor of Law and the Law Alumni Faculty Fellow for 2011—2012, received her J.D. and B.A. degrees from the University of Virginia where, at the School of Law, she served on the Editorial Board of the Virginia Law Review. Before entering practice, she clerked for the United States Court of Appeals for the Fifth Circuit. A specialist in Family Law and Health Law, her research and teaching interests also include Insurance and Biomedical Ethics. Professor Wilson is the editor of four volumes: Health Law and …

"Merchants Of Discontent": An Exploration Of The Psychology Of Advertising, Addiction, And The Implications For Commercial Speech, Tamara R. Piety

Tamara R. Piety

In this paper, I attempt to draw parallels between the psychology of commercial advertising and marketing and the psychology of addiction. Both appear to be characterized by denial, escapism, narcissism, isolation, insatiability, impatience, and diminished sensitivity. Advertising appeals to these impulses and addiction is marked by them. In what follows, I explore these parallels in general and then explore the potential consequences or side effects in three specific contexts: the advertising of addictive products, advertising and children, and advertising and women. In these three areas, there is some evidence that advertising may be contributing to negative social phenomena in a …

The War On The Poor - News From The Front: Department Of Housing And Urban Development V. Rucker, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Market Failure In The Marketplace Of Ideas: Commercial Speech And The Problem That Won't Go Away, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Postscript, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Why The Aclu Was Wrong About Nike, Inc. V. Kasky, Tamara Piety

Tamara R. Piety

No abstract provided.

Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck

Tamara R. Piety

Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky.

"A Necessary Cost Of Freedom"? The Incoherence Of Sorrell V. Ims, Tamara R. Piety

Tamara R. Piety

No abstract provided.

"A Necessary Cost Of Freedom"? The Incoherence Of Sorrell V. Ims, Tamara R. Piety

Tamara R. Piety

On June 23, 2011 the Supreme Court announced its decision in a closely watched case, Sorrell v. IMS, striking down Vermont’s law prohibiting pharmacies from selling physicians’ prescription records without their permission for use in marketing brand name drugs. The Court’s majority struck down Vermont’s statute as unconstitutional on the grounds that the law was not “content neutral” because it singled out marketing for disparate treatment. It in effect applied a strict scrutiny test to a category of speech that has technically if not in practice been subject to intermediate scrutiny. This ruling effectively does away with the commercial speech …

The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff

Tamara R. Piety

This chapter reviews the recent decisions of the Supreme Court as they bear on attempts to combat childhood obesity through regulating marketing and concludes that attempts to regulate marketing will face substantial First Amendment obstacles in the courts.

Citizens United And The Threat To The Regulatory State, Tamara R. Piety

Tamara R. Piety

This brief essay, intended for publication in electronic form, discuses the connection between Citizens United v. FEC and the commercial speech doctrine arguing that Citizens United is likely to serve as ammunition to expand protection for commercial speech.

Onslaught: Commercial Speech And Gender Inequality, Tamara R. Piety

Tamara R. Piety

Utilizing Dove's infamous "Onslaught" viral ad, this Article explores the ways in which commercial speech constructs images of and attitudes toward women that interfere with full equality for women. Advertising and marketing contribute to creating a social reality in which it is taken for granted that women must spend a great deal of time on appearance and that appearance is of critical importance to life success. As is typical for much advertising, it does this by stimulating anxiety. Such anxiety contributes to low self- esteem, lowered ambitions and stereotype threat reactions, as well as to biased reactions on the part …

Against Freedom Of Commercial Expression, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Market Failure In The Marketplace Of Ideas, Tamara R. Piety

Tamara R. Piety

Proponents of expansive First Amendment protection for commercial speech often invoke "the marketplace of ideas" metaphor. The use of this metaphor simultaneously invokes generalized notions about the commitment to free markets and free expression. It implies these values are intertwined and that more protection for commercial speech means both more freedom and more truth. I argue that expanding First Amendment protection for commercial speech will not result in the either more truth or more freedom but rather to less of each and explore the ways in which, even with only limited protection for truthful commercial speech, the market has actually …

Free Advertising: The Case For Public Relations As Commercial Speech, Tamara R. Piety

Tamara R. Piety

The commercial speech doctrine has suffered from definitional ambiguity. Some commentators have argued that the doctrine's application should be limited to speech that is clearly advertising and should not be extended to cover speech by a corporation on matters of public concern. This is of particular concern with respect to public relations communications about labor or environmental practices (to name just two examples) which industry advocates argue should be treated like fully protected speech. In this article I argue that because all for-profit corporate speech is in furtherance of its commercial purpose, public relations speech should be presumptively covered by …

Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara R. Piety

Tamara R. Piety

This article discusses how Nike's procedural posture in the 2003 Nike v. Kasky case amounted to a request for a constitutional right to lie.