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Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver 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, Danny Zemel 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, Aya Gruber 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, Helen Norton 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, Helen Norton 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, Suzette M. Malveaux 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, Bruce E. H. Johnson, Helen Norton, David Skover 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, Scott Skinner-Thompson 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, Sheldon A. Evans 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”, Skyler K. Sikes 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?, Cole McLanahan 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, Mitchell B. Bryant 2018 University of Oklahoma College of Law

Editor’S Introduction, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.


False Speech And The First Amendment, Erwin Chemerinsky 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, Harry F. Tepker 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, Jonathan D. Varat 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, Helen Norton 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, James Weinstein 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, Gregory P. Magarian 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, Sonja R. West 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, Abner S. Greene 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 …


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