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Articles 151 - 180 of 1124
Full-Text Articles in Constitutional Law
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Fordham Law Review
This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …
The Internet Will Not Break: Denying Bad Samaritans § 230 Immunity, Danielle Keats Citron, Benjamin Wittes
The Internet Will Not Break: Denying Bad Samaritans § 230 Immunity, Danielle Keats Citron, Benjamin Wittes
Fordham Law Review
Section 230 is overdue for a rethinking. If courts do not construe the scope of federal immunity to avoid injustice, we argue, Congress should amend the law. This is not to discount the important role that the immunity provision has played over the past twenty years. Far from it. Section 230 immunity has enabled innovation and expression beyond the imagination of the operators of early bulletin boards and computer service providers the provision was designed to protect. But its overbroad interpretation has left victims of online abuse with no leverage against site operators whose business models facilitate abuse. This state …
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Fordham Law Review
Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Fordham Law Review
When you hear the word “terrorist,” who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that “terrorists are always (brown) Muslims.” The second is that “white people are never terrorists.” Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
Fordham Law Review
The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Fordham Law Review
The United States faces a barrage of threats from terrorist organizations on a daily basis. The government takes some steps to prevent these threats from coming to fruition, but not much is being done proactively. Any person can log into a social media account to preach hate and incite violence against the United States and its citizenry, and sometimes these words result in action. When speakers are not held accountable, they can continue to incite the masses to violent action across the United States. This Note proposes a new incitement doctrine to prevent these speakers from being able to spread …
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
Faculty Scholarship
When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Faculty Scholarship
In Sessions v. Morales-Santana, 3 the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of the nation’s borders and the composition of the polity.4 The particular statute at issue in the case regulates the transmission of citizenship from American parents to their foreign-born children at birth, a form of citizenship known today as derivative citizenship.5 When those children are born outside marriage, the derivative citizenship statute makes it more difficult for American fathers, as compared with American mothers, to transmit citizenship to their foreign-born children.6 Over …
October 31, 2017: Is This Collusion?, Bruce Ledewitz
October 31, 2017: Is This Collusion?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is This Collusion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
'You Are Not Your Own' A Teaching From St. Paul Has Everything To Do With Roe V. Wade, John Cardinal O'Connor
'You Are Not Your Own' A Teaching From St. Paul Has Everything To Do With Roe V. Wade, John Cardinal O'Connor
The Catholic Lawyer
No abstract provided.
Physician Assisted Suicide A Constitutional Right?, Kathleen Mcgowan
Physician Assisted Suicide A Constitutional Right?, Kathleen Mcgowan
The Catholic Lawyer
No abstract provided.
Making Habeas Work: A Legal History, Eric M. Freedman
Making Habeas Work: A Legal History, Eric M. Freedman
Other Lectures and Presentations
The attached materials represent an early draft of the first three chapters of Professor Freedman's publication from NYU Press, Making Habeas Work: A Legal History. This is the material on which this faculty workshop is based.
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Sustainable Development Law & Policy
No abstract provided.
Benefitting From Sustainable Development, Victoria Frappaolo
Benefitting From Sustainable Development, Victoria Frappaolo
Sustainable Development Law & Policy
No abstract provided.
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Sustainable Development Law & Policy
Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states are …
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Sustainable Development Law & Policy
No abstract provided.
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Sustainable Development Law & Policy
When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds’ tax-exempt …
Editor's Note, Kimberly Reynolds, Ryan Schmidt
Editor's Note, Kimberly Reynolds, Ryan Schmidt
Sustainable Development Law & Policy
No abstract provided.
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Sustainable Development Law & Policy
No abstract provided.
Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville
Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville
Sustainable Development Law & Policy
No abstract provided.
Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers
Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers
Sustainable Development Law & Policy
No abstract provided.
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
Sustainable Development Law & Policy
No abstract provided.
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Sustainable Development Law & Policy
Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …
Editor's Note, Ryan Schmidt, Kimberly Reynolds
Editor's Note, Ryan Schmidt, Kimberly Reynolds
Sustainable Development Law & Policy
No abstract provided.
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
Sustainable Development Law & Policy
No abstract provided.
The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig
Sustainable Development Law & Policy
No abstract provided.
Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon
Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon
Sustainable Development Law & Policy
No abstract provided.
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Sustainable Development Law & Policy
No abstract provided.