Law Commons^™

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake

Faculty Publications

Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green

Faculty Publications

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

My Grandfather Was An Illegal Immigrant: Guest Opinion, Daniel Pollack-Pelzner

Faculty Publications

In this opinion piece originally published in the Oregonian, Daniel Pollack-Pelzner reflects on his grandfather's immigration status in light of the Trump administration's decision to end temporary protection for 200,000 Salvadoran immigrants who came to the United States without documentation.

Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper

Faculty Publications

Review of John Whalen-Bridge, Tibet on Fire: Buddhism, Protest, and the Rhetoric of Self-Immolation, in Journal of Contemporary Religion

Gatekeeper Persuasion And Issue Adoption: Amnesty International And The Transnational Lgbtq Network, Robyn Linde

Faculty Publications

Network theory is a valuable tool for understanding how transnational human rights advocacy emerges and develops; how norms become salient; and how nongovernmental organizations (NGOs) gain prominence within networks. This article evaluates political network theory through the case study of the transnational lesbian, gay, bisexual, transgender, and queer (LGBTQ) advocacy network. Through interviews with key figures at human rights and LGBTQ NGOs, I suggest that the transnational LGBTQ network emerged through contestation with the human rights gatekeeper, Amnesty International, and its US section, AIUSA. This process of contestation would produce a specific type of gatekeeper activism that would become a …

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …

The Silence Penalty, Jeffrey Bellin

Faculty Publications

In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.

This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …