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Lawyers, Clients, And Constitutional Rights, Jason Mazzone
Lawyers, Clients, And Constitutional Rights, Jason Mazzone
Utah OnLaw: The Utah Law Review Online Supplement
Professor Tarkington’s achievement is to show that associational freedom should encompass lawyering. With that, her article should have considerable impact on academic and judicial accounts of associational rights. In practice, however, the impact is likely to come in terms of protections for the ability of organizations to engage counsel—the right to client-attorney association—rather than, as in her focus, on a right that belongs to and is exercised by attorneys.
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Utah OnLaw: The Utah Law Review Online Supplement
It is becoming commonplace to note that privacy and online commerce are on a collision course. Corporate entities archive and monetize more and more personal information. Citizens increasingly resent the intrusive nature of such data collection and use. Just noticing this conflict, however, tells us little. In Informing and Reforming the Marketplace of Ideas: The Public-Private Model for Data Production and the First Amendment, Professor Shubha Ghosh not only notes the tension between the costs and benefits of data commercialization, but suggests three normative perspectives for balancing privacy and commercial speech. This is valuable because without a rich theoretical framework …
In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative, Daniel W. Boyer
In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative, Daniel W. Boyer
Utah OnLaw: The Utah Law Review Online Supplement
Since the court in Anderson already affirmed the validity of electronic signatures in Title 20 through statutory rules of construction and common law principles, it will likely have to address the constitutional challenges it declined to reach in that case when it is visited with new challenges to the State’s ban on e-signatures in ballot petitions and initiatives. This Note offers an alternative to the uniform operation of laws analysis, which plaintiffs have recently employed against the Lieutenant Governor and S.B. 165. Free speech analysis supplies parameters that are more closely suited to address the type of constitutional wrong that …