HEADNOTES

Spring 2017: Volume 101

Heuristic Interventions in the Study of Intellectual Property

Professor Silbey expands on the work of Professor Burk by elaborating on three of Burk’s central points, while noting that Burk’s work serves as a crucial step in explaining intellectual property as a social practice.

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Truth, Lies, and Power at Work

Professor Estlund discusses Professor Norton’s analysis on the collision of regulating the speech of employers with protecting employees, finding that Norton “makes a persuasive case that relative power should be and sometimes is relevant to the constitutionality of both speech restrictions and compelled disclosure of information.”  

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A New Social Contract: Corporate Personality Theory and the Death of the Firm

In their article The Death of the Firm, June Carbone and Nancy Levit argue that, “the firm as entity is disappearing as a unit of legal analysis.” More specifically, they argue that by dismissing the corporation as a mere legal fiction and equating the rights of this legal fiction with the rights of its owners, […]

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CURRENT PRINT ISSUE

Volume 101 - Issue 5

The Free Speech Rights of University Students

As questions regarding the freedom of expression on college campuses grip the country, courts adjudicating First Amendment cases in the higher education setting are struggling to determine the appropriate legal framework. Some courts are relying on Supreme Court cases from the K–12 setting as well as the public employment context; in addition, an increasing number […]

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Campus Speech and Harassment

A theoretical question that runs through the debate on the constitutionality of campus speech codes asks whether free speech values are best preserved by categorical rules or balancing factors. Whether campus codes are constitutional should be analyzed through a doctrinal and statutory framework developed outside university settings, in cases involving incitement and harassment. Passionate debates […]

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Four Ironies of Campus Climate

The controversy over campus climate contains several components, including safe spaces, ethnic studies departments and faculty, trigger warnings, and crackdowns on hate speech and micro-aggressions. Of all these, the last three, which concern speech, have been the most hotly contested. Debates over hate speech and campus conduct codes began in the early 1990s with minority […]

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A Close-up, Modern Look at First Amendment Academic Freedom Rights of Public College Students and Faculty

Like many other terms bandied about these days, “academic freedom” is something that means different things to different people, and for that reason is often misunderstood. In this Article, we focus on what, if any, special freedoms of expression are enjoyed under the First Amendment to the U.S. Constitution by students and faculty members at […]

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Free Speech, Higher Education, and the PC Narrative

This Article reviews discussions in the press about campus political correctness (PC) and free speech during two periods of intense interest in the same. The first is the period from 1989–1995, when the term political correctness first came into popular use and as campus communities, politicians, and the public at large grappled with issues ranging […]

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Academic Freedom To Deny the Truth: Beyond the Holocaust

The concept of academic freedom is so widely accepted and well established that it may even subvert a commitment to truth, and this freedom cannot be casually disregarded despite a speaker’s dissonance with scientific precept. So it was with Myron Ebell, then-President-elect Trump’s choice to lead the EPA transition team, despite the nearly universal disdain […]

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Note: Affirmative Action: The Constitutional Approach to Ending Sex Disparities on Corporate Boards

Women hold far fewer seats on U.S. corporate executive boards than men, despite composing nearly half of the workforce. In 2015, women held only 16.5% of the top five executive board positions in businesses on the S&P 500, and fourteen percent of all executive board positions. Internationally, governments are instituting quotas to combat this disparity. […]

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De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]


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