Free speech and broadcasting: Cohen v. California and FCC v. Pacifica Foundation
Balancing strong First Amendment (“free speech”) speech protections with the desire to protect the delicate sensibilities of America’s youth is always a complex task. Two seminal Supreme Court cases – Cohen v. California and FCC v. Pacifica Foundation – illustrate the struggle the Court has had to find the right path.
National identity through postal delivery of newspapers
In Spreading the News, Richard R. John writes about the development of the American postal system in the eighteenth century, and the police choices that leverages the system as a means of newspaper distribution.
Will legal software replace lawyers?
Software won’t replace lawyers, but it will reduce the demand for certain routine legal services and raise the complexity of litigation. Those without the software will be at a disadvantage. It will also cut into the work of paralegals. But not lawyers.
Why do legal history? First remarks on Kermit Hall's The Magic Mirror
In The Magic Mirror: Law in American History, Kermit Hall quotes former Supreme Court Justice Oliver Wendell Holmes, Jr. to explain why we should do legal history: “This abstraction called the Law is a magic mirror, [wherein] we see reflected, not only our own lives, but the lives of all men that have been!”
Access to federal court records gets less free
I had always hoped that PACER – which I hear runs a surplus anyway – would trend downward in price as the cost of delivering electronic access decreases. Instead comes the news that the price will rise by 25%, from 8 to 10 cents per page.
Further reflections on the nature of scientific evidence
For two weeks this July, I participated in a conference/summer session in Vienna (VISU) on the nature of scientific evidence. The program brought together students and lecturers from a number of disciplines.
Facebook and Twitter and Google Plus... oh my!
So now we’ve got three – well, more like four – big players in the social networking space: Facebook, Twitter, Google Plus, and LinkedIn. Add to that a few other common options – the backyard fence, email, telephone, and carrier pigeon – and the choices of where to share the details on your latest (technology) crush appear insurmountably complex.
Legal reasoning by analogy
My VISU presentation on reasoning in analogy in Warren and Brandeis’ famous 1890 law review article on privacy.
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