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The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business

Matthew Creed, a young entrepreneur in suburban Kansas City, decided to start a business. He created a website called BlabberMouth featuring the names, addresses, and mugshot photographs of local people recently arrested. He then mailed letters to the arrestees, informing them about the website and offering to delete the information upon payment of a $199.99Continue reading “The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business”

A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases

Although admiralty is among the law’s oldest practices, it continues to play a vital role in modern litigation—whether that be through the transportation of goods on rivers or people on cruise ships. Prior to 1966, a federal court exercising its admiralty jurisdiction relied on a different set of rules than when it acted in lawContinue reading “A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases”

Tossing the Red Flag: Official (Judicial) Review and Shareholder-Fan Activism in the Context of Publicly Traded Sports Teams

For some, it comes after their team squanders away a fourth quarter lead in the playoffs, engages in a hasty trade, or makes an ill-advised substitution. For others, an indefensible draft choice, announcement of team relocation, or decision not to re-sign a star player triggers the thought. Whether at a sports bar or on theirContinue reading “Tossing the Red Flag: Official (Judicial) Review and Shareholder-Fan Activism in the Context of Publicly Traded Sports Teams”

Shame in the Security Council

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, it seemed, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face ofContinue reading “Shame in the Security Council”

Police Misconduct as a Cause of Wrongful Convictions

This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other occurring in Tulia, Texas. To date, these cases have received little systematic attention by wrongful convictions scholars. Study of these cases, however, reveals important differences among subgroups of wrongful convictions. WhereasContinue reading “Police Misconduct as a Cause of Wrongful Convictions”

Deconstructing Deem and Pass: A Constitutional Analysis of the Enactment of Bills by Implication

Since 1933, the U.S. House of Representatives has maintained a procedure, the self-executing rule, that permits a single floor vote to pass multiple independent bills. Using this procedure, the House can pass a bill and, at the same time, “deem passed” entirely separate bills via a single floor vote. Some legal scholars have argued thatContinue reading “Deconstructing Deem and Pass: A Constitutional Analysis of the Enactment of Bills by Implication”