March, 2017
Free Speech and Terrorist Speech: An Essay on Dangerous Ideas
Mar. 31, 2017—Free Speech and Terrorist Speech: An Essay on Dangerous Ideas Response to Alexander Tsesis, Terrorist Speech on Social Media, 70 Vand. L. Rev. 651 (2017). AUTHOR Distinguished Professor of Law, University of South Carolina School of Law.
Reconstructing Local Government
Mar. 21, 2017—Reconstructing Local Government ABSTRACT After the Civil War, the South faced a problem that was almost entirely new in the United States: a racially diverse and geographically integrated citizenry. In one fell swoop with emancipation, millions of former slaves were now citizens. The old system of plantation localism, built largely on the feudal control of...
The Jurisdiction Canon
Mar. 21, 2017—The Jurisdiction Canon ABSTRACT This Article concerns the interpretation of jurisdictional statutes. The fundamental postulate of the law of the federal courts is that the federal courts are courts of limited subject-matter jurisdiction. That principle is reinforced by a canon of statutory interpretation according to which statutes conferring federal subject-matter jurisdiction are to be construed...
Causal Responsibility and Patent Infringement
Mar. 21, 2017—Causal Responsibility and Patent Infringement ABSTRACT It is not uncommon for multiple parties in the stream of commerce—manufacturers, distributors, end users—to be involved in the infringement of a single patent. Yet courts continue to struggle with such scenarios. Attempts to deal with them—particularly when plaintiffs asserted so-called method patents, which cover specific “steps,” or actions—have...
Terrorist Speech on Social Media
Mar. 21, 2017—Terrorist Speech on Social Media ABSTRACT The presence of terrorist speech on the internet tests the limits of the First Amendment. Widely available cyber terrorist sermons, instructional videos, blogs, and interactive websites raise complex expressive concerns. On the one hand, statements that support nefarious and even violent movements are constitutionally protected against totalitarian-like repressions of...
Unambiguous Deterrence: Ambiguity Attitudes in the Juvenile Justice System and the Case for a Right to Counsel During Intake Proceedings
Mar. 21, 2017—Unambiguous Deterrence Ambiguity Attitudes in the Juvenile Justice System and the Case for a Right to Counsel During Intake Proceedings ABSTRACT This Note is the first to apply behavioral insights about ambiguity attitudes to deterrence models within the juvenile justice system. Drawing on insights from behavioral economics and psychology literature, this Note argues that juveniles...
No VIP Treatment: ACOs Should Not Get Waiver Protection from the Prohibition on Beneficiary Inducement
Mar. 21, 2017—No VIP Treatment ACOs Should Not Get Waiver Protection from the Prohibition on Beneficiary Inducement ABSTRACT Accountable Care Organizations (“ACOs”) require flexibility from the existing healthcare fraud and abuse framework. This flexibility includes a waiver from the prohibition on beneficiary inducement, affording ACOs significant freedoms to employ inducements in ways that other healthcare delivery models...
Historical and Comparative Reflections
Mar. 16, 2017—Historical and Comparative Reflections Response to Nicole Stelle Garnett, Sector Agnosticism and the Coming Transformation of Education Law, 70 Vand. L. Rev. 1 (2017). AUTHOR EdD, PhD, and Professor emeritus of Educational Leadership and Policy Studies, Boston University.
What MDL and Class Actions Have in Common
Mar. 14, 2017—What MDL and Class Actions Have in Common Response to Elizabeth Chamblee Burch, Monopolies in Multidistrict Litigation, 70 Vand. L. Rev. 67 (2017). AUTHOR Professor, Fordham University School of Law.