Interim Relief: National Report For Canada,
2018
Osgoode Hall Law School of York University
Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver
Articles & Book Chapters
Evolving litigation poses many challenges to litigants and their counsel before final adjudication. Canadian courts have fashioned various remedies to meet these challenges in order to preserve and maintain the court's authority to secure a just result.
Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey,
2018
University of Richmond - School of Law
Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey, Danny Zemel
Law Student Publications
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the …
Equal Protection Under The Carceral State,
2018
University of Colorado Law School
Equal Protection Under The Carceral State, Aya Gruber
Publications
McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …
Robotic Speakers And Human Listeners,
2018
University of Colorado Law School
Robotic Speakers And Human Listeners, Helen Norton
Publications
In their new book, Robotica, Ron Collins and David Skover assert that we protect speech not so much because of its value to speakers but instead because of its affirmative value to listeners. If we assume that the First Amendment is largely, if not entirely, about serving listeners’ interests—in other words, that it’s listeners all the way down—what would a listener-centered approach to robotic speech require? This short symposium essay briefly discusses the complicated and sometimes even dark side of robotic speech from a listener-centered perspective.
Excavating The Forgotten Suspension Clause,
2018
University of Colorado Law School
Excavating The Forgotten Suspension Clause, Helen Norton
Publications
No abstract provided.
Preclusion Law As A Model For National Injunctions,
2018
University of Colorado Law School
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Publications
No abstract provided.
Panel 1: Robotic Speech And The First Amendment,
2018
Davis Wright Tremaine
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Publications
Moderator: Professor Gregory Silverman.
Book discussed: Ronald L. Collins & David M. Skover, Robotica: Speech Rights and Artificial Intelligence (Cambridge Univ. Press 2018).
The First Queer Right,
2018
University of Colorado Law School
The First Queer Right, Scott Skinner-Thompson
Publications
Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”
Decades before the Supreme Court would …
Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act,
2018
University of Oklahoma College of Law
Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon A. Evans
Oklahoma Law Review
No abstract provided.
Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”,
2018
University of Oklahoma College of Law
Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes
Oklahoma Law Review
No abstract provided.
United States V. Carloss: Should The Police Act Like Good Neighbors?,
2018
University of Oklahoma College of Law
United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan
Oklahoma Law Review
No abstract provided.
Editor’S Introduction,
2018
University of Oklahoma College of Law
False Speech And The First Amendment,
2018
University of Oklahoma College of Law
False Speech And The First Amendment, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
An Introductory Essay: Old Principles For An (Allegedly) Brave New World,
2018
University of Oklahoma College of Law
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment,
2018
University of Oklahoma College of Law
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
(At Least) Thirteen Ways Of Looking At Election Lies,
2018
University of Oklahoma College of Law
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies,
2018
University of Oklahoma College of Law
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Oklahoma Law Review
No abstract provided.
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages,
2018
University of Oklahoma College of Law
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations,
2018
University of Oklahoma College of Law
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
‘Not In My Name’ Claims Of Constitutional Right,
2018
Fordham University School of Law
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
Faculty Scholarship
We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …
