Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying,
2011
Benjamin N. Cardozo School of Law
Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish
Cardozo Journal of Equal Rights & Social Justice
The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies,
2011
University of Washington School of Law
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
Articles
Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …
Opinions, Implications, And Confusions,
2011
University of Michigan Law School
Opinions, Implications, And Confusions, Leonard M. Niehoff
Articles
The law of defamation is haunted by ancient common law principles, such as the distinction between libel per se and libel per quad, that contribute nothing to our current jurisprudence beyond providing opportunities for misunderstanding and perplexity. Unfortunately, more contemporary doctrines have further complicated the field by sowing fresh confusions. This article explores two such doctrines-the principle that a defamation claim cannot rest upon an opinion and the principle that a defamation claim can rest upon unstated implications- and suggests that there are troublesome contradictions both within them and between them. In short, this article respectfully proposes that these two …
Supreme Court Amicus Brief Of Aarp And The National Legislative Association On Petition Drug Prices In Support Of Petitioners, William H. Sorrell V. Ims Health, Inc., No. 10-779 (Filed March 1, 2011),
2011
American University Washington College of Law
Supreme Court Amicus Brief Of Aarp And The National Legislative Association On Petition Drug Prices In Support Of Petitioners, William H. Sorrell V. Ims Health, Inc., No. 10-779 (Filed March 1, 2011), Sean Flynn, Meredith Jacob, Stacy Canan
Amicus Briefs & Court Filings
This Court should refuse to apply the First Amendment to Vermont’s Prescription Confidentiality Law based on two essential facts. First, the regulation at issue is limited to the commercial use or private-channel distribution of confidential data. It is thus governed by cases of this Court upholding the regulation of uses of information in purely private settings that do not inform or contribute to the public sphere. Bartnicki v. Vopper, 532 U.S. 514, 526-27 n.10 (2001); Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985). Second, it concerns the regulation of secondary uses of information where the government …
Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society,
2011
Boston University School of Law
Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain
Faculty Scholarship
A basic tension in the U.S. constitutional and political order exists between two important ideas about the relationship between civil society and the state: (1) families, religious institutions, voluntary associations, and other groups are foundational sources, or “seedbeds,” of virtues and values that undergird constitutional democracy, and (2) these same institutions guard against governmental orthodoxy and overweening governmental power by generating their own distinctive virtues and values and by being independent locations of power and authority. The first idea envisions a comfortable congruence between civil society and government: the values and virtues - and habits and skills - cultivated in …
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii,
2011
Duke Law School
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
Faculty Scholarship
During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …
Transforming Property Into Speech,
2011
Duke Law School
Transforming Property Into Speech, Joseph Blocher
Faculty Scholarship
No abstract provided.
Religious Argument, Free Speech Theory, And Democratic Dynamism,
2011
Washington University in St. Louis School of Law
Religious Argument, Free Speech Theory, And Democratic Dynamism, Gregory P. Magarian
Scholarship@WashULaw
Political theorists have long debated whether liberal democratic norms of public political debate should constrain political arguments grounded in religious beliefs or similar conscientious commitments. In this article, Professor Magarian contends that normative insights from free speech theory have salience for this controversy and should ultimately lead us to reject any normative constraint on religious argument. On the restrictive side of the debate stand prominent liberal theorists, led by John Rawls, who maintain that arguments grounded in religion and other comprehensive commitments threaten liberal democracy by offering illegitimate grounds for government action and destabilizing democratic politics. On the permissive side …
The Limits Of Tort Privacy,
2011
Washington University in St. Louis School of Law
The Limits Of Tort Privacy, Neil M. Richards
Scholarship@WashULaw
The conception of tort privacy developed by Warren, Brandeis and Prosser sits at the heart of American understandings of privacy law. Rooted in protection of private information against unwanted collection, use, and disclosure, tort privacy protects against emotional injury, and was directed by design against disclosures of true, embarrassing facts by the media. In this essay, I argue that as conceived by Warren and Brandeis and interpreted by Prosser, tort privacy is a poor vehicle for grappling with problems of privacy and reputation in the digital age. Tort privacy, especially the disclosure tort, has from its inception been in conflict …
Justice Stevens, Religion, And Civil Society,
2011
Washington University in St. Louis School of Law
Justice Stevens, Religion, And Civil Society, Gregory P. Magarian
Scholarship@WashULaw
Did Justice John Paul Stevens, who retired from the Supreme Court last year, harbor a bias against religion? During his thirty-five years on the Court, Justice Stevens showed little favor for religious claimants. In Establishment Clause cases he advocated a strong doctrine of separation between church and state. In the most contentious Free Exercise Clause cases, he opposed exempting religious believers from laws that interfered with religious exercise. This combination of positions, unique among the Justices of the Burger, Rehnquist, and Roberts Courts, has led commentators to charge Justice Stevens with hostility toward religion. This article debunks that conventional analysis …
Preface,
2011
UC Hastings College of the Law
Reviving Slander,
2011
Villanova University Charles Widger School of Law
Reviving Slander, Cristina Carmody Tilley
Faculty Publications
Roman law treated differently speech restricted to small, closed communities and speech within or among large, permeable communities. Intracommunity speech was subject to unlimited tort consequences, while intercommunity speech was subject to central government regulation. As English speech law evolved, slander rules governing spoken speech became a convenient proxy for intracommunity speech regulation, while libel rules governing written speech became a convenient proxy for intercommunity speech. In American law, the conceptual collapse of slander and libel meant that constitutional limits designed to lift central government regulation of intercommunity speech perhaps inadvertently vitiated tort consequences for intracommunity speech. The Supreme Court's …
Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness,
2010
Seton Hall Law
Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin
Student Works
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations,
2010
Brigham Young University Law School
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites,
2010
Brigham Young University Law School
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays,
2010
Brigham Young University Law School
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”,
2010
Brigham Young University Law School
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
BYU Law Review
No abstract provided.
Justice Souter On Government Speech,
2010
Brigham Young University Law School
Justice Souter On Government Speech, Sheldon Nahmod
BYU Law Review
No abstract provided.
The Free Speech Rights Of “Off-Duty” Government Employees,
2010
Brigham Young University Law School
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Government Speech And The Publicly Employed Attorney,
2010
Brigham Young University Law School
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
