Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation,
2010
Georgetown University Law Center
Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This Article examines the dynamics that drive advertisers to push into new formats, and the law’s ability to regulate them. I argue that it will remain possible, and constitutional, to identify advertising and subject it to prohibitions on false and misleading claims, even for ads in unconventional formats. The article also addresses the ways in which regulators were caught off-guard by these new formats. In particular, Section 230 of the Communications Decency Act, which frees online service providers and users from liability for content generated by other users, poses some unanticipated barriers to regulating advertising. Yet despite section 230’s provisions, …
The Right To Bear Arms: A Uniquely American Entitlement,
2010
Georgetown University Law Center
The Right To Bear Arms: A Uniquely American Entitlement, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In District of Columbia v. Heller the Supreme Court held that individuals have a constitutional right to own firearms, notably to keep a loaded handgun at home for self-protection. The historic shift announced by Heller was the recognition of a personal right, rather than a collective right tied to state militias. In McDonald v. Chicago, the Supreme Court – in a familiar 5-4 ideological split – held that the 2nd Amendment applies not only to the federal government, but also to state and local gun control laws. In his dissent, Justice Stevens predicted that “the consequences could prove far more …
Methodological Challenges In Comparative Constitutional Law,
2010
Georgetown University Law Center
Methodological Challenges In Comparative Constitutional Law, Vicki C. Jackson
Georgetown Law Faculty Publications and Other Works
My talk today, Methodological Challenges in Comparative Constitutional Law, has two parts. The first part focuses on the relationship between the purposes of comparison and the methodological challenges of comparison. The second part asks whether there are particular methodological challenges in comparative constitutional law as compared with other comparative legal studies.
