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Articles 1 - 7 of 7
Full-Text Articles in Law
Envisioning The Constitution, Thomas P. Crocker
Envisioning The Constitution, Thomas P. Crocker
Faculty Publications
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
Faculty Publications
The practice of email forwarding deprives email senders of privacy. Expression meant for only a specific recipient often finds its way into myriad inboxes or onto a public website, exposed for all to see. Simply by clicking the "forward" button, email recipients routinely strip email senders of expressive privacy. The common law condemns such conduct. Beginning over two-hundred-fifty years ago, courts recognized that authors of personal correspondence hold property rights in their expression. Under common-law copyright, authors held a right to control whether their correspondence was published to third parties. This common-law protection of private expression was nearly absolute, immune …
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications
From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …
Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski
Faculty Publications
This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
Faculty Publications
The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …
Mandarin Chinese: An Annotated Bibliography Of Self-Study Materials, Duncan E. Alford
Mandarin Chinese: An Annotated Bibliography Of Self-Study Materials, Duncan E. Alford
Faculty Publications
The People’s Republic of China is currently the seventh largest economy in the world and is projected to be the largest economy by 2050. Commensurate with its growing economic power, the PRC is using its political power more frequently on the world stage. As a result of these changes, interest in China and its legal system is growing among attorneys and academics. International law librarians similarly are seeing more researchers interested in China, its laws and economy. The principal language of China, Mandarin Chinese, is considered a difficult language to learn. The Foreign Service Institute has rated Mandarin as “exceptionally …
The Mutual Fund Distribution Fee Mess, John P. Freeman
The Mutual Fund Distribution Fee Mess, John P. Freeman
Faculty Publications
No abstract provided.