Free Speech, Higher Education, and the PC Narrative
By Heidi Kitrosser. Full text here. 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…
Continue ReadingA Close-up, Modern Look at First Amendment Academic Freedom Rights of Public College Students and Faculty
By Vikram David Amar & Alan E. Brownstein. Full text here. 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…
Continue ReadingFour Ironies of Campus Climate
By Richard Delgado & Jean Stefancic. Full text here. 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…
Continue ReadingCampus Speech and Harassment
By Alexander Tsesis. Full text here. 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…
Continue ReadingThe Free Speech Rights of University Students
By Mary-Rose Papandrea. Full text here. 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;…
Continue ReadingNote: Providing Clarity for Standard of Conduct for Directors Within Benefit Corporations: Requiring Priority of a Specific Public Benefit
By Roxanne Thorelli. Full text here. One of the newest social enterprise business forms—the benefit corporation—is becoming increasingly popular throughout the United States. Since its formal beginnings in 2010, thirty states and the District of Columbia have passed benefit corporation legislation, and seven other states are currently in the process of passing legislation. The benefit corporation…
Continue ReadingNote: Economic Protectionism and Occupational Licensing Reform
By Gerald S. Kerska. Full text here. State-mandated occupational licensing laws are prevalent in the United States. Indeed, one-quarter of all Americans need a license to engage in their professions. Over the past decade, the most onerous of these regulations have come under attack in federal court for violating the Due Process and Equal Protection Clauses…
Continue ReadingThe Luxembourg Effect: Patent Boxes and the Limits of International Cooperation
By Lilian V. Faulhaber. Full text here. This Article uses patent boxes, which reduce taxes on income from patents and other IP assets, to illustrate the fact that the jurisprudence of the European Court of Justice (ECJ) has a longer reach than has previously been recognized. This Article argues that, along with having effects within the…
Continue ReadingThe Geography of Equal Protection
By Christopher R. Leslie. Full text here. This Article examines the geographic dimension of equal protection analysis. Whether a law violates the Equal Protection Clause generally depends on what level of scrutiny a court applies in reviewing that law. Laws that employ suspect classifications are subjected to heightened scrutiny. Whether a classification is suspect depends in…
Continue ReadingWhat Legal Authority Does the Fed Need During a Financial Crisis?
By Eric A. Posner. Full text here. The financial crisis of 2007–08 revealed gaps in the laws that authorize federal agencies to provide emergency liquidity support. On numerous occasions the Fed, FDIC, and Treasury acted without legal authorization, exposing them to criticism from Congress and the U.S. government to legal liability. I propose reforms that would…
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