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2016

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Articles 661 - 690 of 15272

Full-Text Articles in Law

Where's The Fire?, Burt Neuborne Dec 2016

Where's The Fire?, Burt Neuborne

Journal of Law and Policy

Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn into unpredictable and …

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Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano Dec 2016

Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano

Journal of Law and Policy

The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …

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Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Dec 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Journal of Law and Policy

As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary …

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The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith Dec 2016

The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith

Journal of Law and Policy

This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.

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Money And Speech: Practical Perspectives, Nicholas W. Allard Dec 2016

Money And Speech: Practical Perspectives, Nicholas W. Allard

Journal of Law and Policy

Dean Allard provides a practical perspective on the topic of money, politics and free speech based on his over three decades worth of experience in lobbying, campaigns and public policy. Commentary also includes opinions as to the state of politics in America and the problems with reforming campaign finance law.

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Producing Democratic Vibrancy, K. Sabeel Rahman Dec 2016

Producing Democratic Vibrancy, K. Sabeel Rahman

Journal of Law and Policy

Professor Rahman gives his thoughts and opinions on the impact of Citizens' United v. FEC and the growth of the First Amendment debate since. The comment analyzes the normative udnerstanding of democracy and the ongoing debate campaifgn finance have. Professor Rahman concludes by suggesting that the debate is wrongly focused on the indivudals being consumers of politcal speech rather than the producers of it.

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Persistent Threats To Commercial Speech, Jonathan H. Adler Dec 2016

Persistent Threats To Commercial Speech, Jonathan H. Adler

Journal of Law and Policy

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection …

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No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra Decarlo Dec 2016

No Drop Prosecution & Domestic Violence: Screening For Cooperation In The City That Never Speaks, Allessandra Decarlo

Journal of Law and Policy

Throughout history, domestic violence has been infamously kept behind closed doors and outside of our legislature. It was not until the 1960s, due to the efforts of the battered women’s movement, that the U.S. government began to address domestic violence as a social ill and offered protection to victims through statutes and policies in both State and Federal capacities. This note elaborates on one such policy, known as a “No-Drop” policy, which has been implemented by prosecutor’s offices throughout New York City’s five boroughs, as a mechanism to aggressively combat domestic violence. “No- Drop” policies allow prosecutors to vigorously prosecute …

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A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart Dec 2016

A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart

Journal of Law and Policy

Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus anti-harassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This note first provides an overview of the …

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When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor Dec 2016

When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor

Journal of Law and Policy

As one surveys the vast and ever-changing landscape of law and litigation, few things stand out as so unanimously exalted and carefully guarded as the privilege protecting attorney-client communications. Yet there is today a surprising lack of uniformity and predictability in the reasoning by which New York courts determine whether a communication made by in-house counsel to its corporate client will – or will not – enjoy the protection of that privilege. Rather than follow a single and predictable analysis to resolve the question, New York courts have oscillated between one line of decisions focusing primarily on the purpose of …

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Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan Dec 2016

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan

Law School Blogs

No abstract provided.

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Growth, Land Use, And Planning In Bonner County, Idaho, Danya Rumore, Katherine Daly Dec 2016

Growth, Land Use, And Planning In Bonner County, Idaho, Danya Rumore, Katherine Daly

Environmental Dispute Resolution Program

During the summer and fall of 2016, Environmental Dispute Resolution Program staff conducted in-­‐depth confidential interviews with 30 individuals representing a diverse range of stakeholder groups in Bonner County, Idaho. The intent of these interviews was to illuminate the diversity of perspectives, areas of agreement and disagreement, and opportunities and challenges related to growth, land use, and planning in the county. A list of stakeholder groups and jurisdictions represented by interviewees is provided in Appendix A. This report shares the findings from this assessment, which are organized according to: summary of findings; vision and priorities for Bonner County; sources of …

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The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker Dec 2016

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker

All Faculty Scholarship

Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …

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Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

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American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore Dec 2016

American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore

Cultural Encounters, Conflicts, and Resolutions

This article examines the status of American Muslims in the United States in relationship to other cultural groups and some of the widespread stereotypes that plague Muslims in contemporary society. Much has been written about the discrimination faced by Muslims, particularly after the September 11, 2001 attacks, spawned by religious, racial, and ethnic bigotry. Some polls show many Americans harbor some prejudices against Muslims, but these prejudices have not resulted in widespread violence or discrimination; although there has been some violence and discrimination experienced by some Muslims, the empirical data show that the majority of American Muslims are very successful …

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Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

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Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi Dec 2016

Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

The essay grew out of Hannah Arendt’s reflection on the roles and uses of the mask, a meditation on the ontology of the transient public figure or persona vs. one that restitutes the person to the unadulterated Selbstdenken dimension of the Epicurean philosopher-in-hiding. The author individuates in the resulting caesura between the donning and the taking off of the mask the primal source of that paradox in Hanna Arendt’s political behavior that alternately compelled her to confront the ontological presence of the Palestinian people, and made her withdraw into philosophical hiding without ever really coming to terms with it. In …

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Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood Dec 2016

Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood

Cultural Encounters, Conflicts, and Resolutions

Many preservice teachers come to understand that they must cross the boundaries of their own familiar cultural and historical contexts in order to meet the needs of diverse students. This qualitative and descriptive study examines the evolution of secondary preservice teachers’ views on teaching and learning mathematics and science in historical and cultural contexts. Data were collected throughout participants’ enrollment in a semester-long course entitled Perspectives on Science and Mathematics, which is taken in conjunction with student teaching. Data sources included university classroom observations, preservice teachers’ verbal and written responses to class discussions, reading assignments, and course activities. Common themes …

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On Confucius’S Ideology Of Aesthetic Order, Li Wang Dec 2016

On Confucius’S Ideology Of Aesthetic Order, Li Wang

Cultural Encounters, Conflicts, and Resolutions

Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …

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Boyd Briefs - Dec. 1, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2016

Boyd Briefs - Dec. 1, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

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Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul Dec 2016

Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul

The University of Notre Dame Australia Law Review

No abstract provided.

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United States V. Klintock: Reconsideration Of United States V. Palmer As To General Piracy As Defined By The Law Of Nations Through The Applicable Standards Of Political Action Of Acknowledgement And Recognition And The Status Of Statelessness, Justin L. Sieffert Dec 2016

United States V. Klintock: Reconsideration Of United States V. Palmer As To General Piracy As Defined By The Law Of Nations Through The Applicable Standards Of Political Action Of Acknowledgement And Recognition And The Status Of Statelessness, Justin L. Sieffert

Legal History Publications

During the February 1820 Term, the Supreme Court of the United States decided four significant piracy cases, beginning with United States v. Klintock. Political, economic, and social pressures enhanced the problem of piracy affecting the interests of the United States. Responding to the criticism of his decision in United States v. Palmer and the passage of the Act of 1819 state Congressional intent for defining piracy by the “law of nations,” Marshall authored the decision in Klintock distinguishing Palmer and, upon reconsideration, interpreting the Act of 1790 to include general piracy as defined by the “law of nations.” With …

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Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer Dec 2016

Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer

Northern Illinois Law Review Supplement

This Article discusses the ability of healthcare agents to bind their principals with arbitration agreements when admitting their principals to nursing homes. A recent Illinois appellate court decision had the unfortunate effect of allowing nursing homes to expand the authority of healthcare agents to encompass arbitration agreements by simply making such agreements a requirement for admission. Although this ruling has the potential to further disadvantage people who are already unable to care for themselves, this Article will discuss approaches that can be used to correct the misstep.

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Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson Dec 2016

Policing Criminal Justice Data, Wayne A. Logan, Andrew Guthrie Ferguson

Scholarly Publications

No abstract provided.

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How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas Dec 2016

How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas

Global Business Law Review

This note argues that the U.S. should pass its own self-policing legislation that will make it less enticing for thieves to try to sell stolen antiquities to the U.S. market. Our world heritage is under threat from undeterred looting, which results in antiquities vanishing from museum storerooms and archeological sites before ending up in the storerooms of investors. Currently, source nations that attempt to have stolen antiquities returned are deterred by the high legal costs involved. As the biggest market for stolen cultural property, states within the U.S. should amend current replevin laws so that the possessors of stolen cultural …

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Mitigating Cyber Risk In It Supply Chains, Maureen Wallace Dec 2016

Mitigating Cyber Risk In It Supply Chains, Maureen Wallace

Global Business Law Review

This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector …

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001129, Us Land Patent, T29s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet Dec 2016

001129, Us Land Patent, T29s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

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002858, Us Land Patent, T29s, R17e, Joseph S. Zumwalt, May 5, 1871, And Blm Land Patent Detail Sheet Dec 2016

002858, Us Land Patent, T29s, R17e, Joseph S. Zumwalt, May 5, 1871, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes

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064636, Us Land Patent, T29s, R18e, William S. Chapman, Nancy Pearson, Charles Pearson, Jan. 20, 1870, And Blm Land Patent Detail Sheet Dec 2016

064636, Us Land Patent, T29s, R18e, William S. Chapman, Nancy Pearson, Charles Pearson, Jan. 20, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

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001926, Us Land Patent, T30s, R12e, Antonio Garcia Delarosa, May 2, 1870, And Blm Land Patent Detail Sheet Dec 2016

001926, Us Land Patent, T30s, R12e, Antonio Garcia Delarosa, May 2, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

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