Constitutionalized Negligence

Deana Pollard Sacks
The propriety of imposing tort liability for negligent speech has been the subject of controversy since before the First Amendment’s incorporation. The debate over whether and to what extent civil liability may be socially desirable for unreasonably dangerous speech has intensified in recent years as entertainment media have become more explicitly violent and widely available. Experts have long concurred that exposure to all forms of violence is a cause of…

“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity

Anders Walker
Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern segregationists used the battle against obscenity to counter the Supreme Court’s ruling in Brown v. Board of Education. Focused on the psychological development of children, Brown sparked a discursive backlash in the South focused on claims that the races possessed different cultures and that white children…

Corporate Social Responsibility After Disaster

Susan S. Kuo and Benjamin Means
In recent years, corporations have devoted substantial resources to disaster relief worldwide. For instance, Wal-Mart garnered favorable attention for its contributions in New Orleans and the Gulf Coast after Hurricane Katrina. According to company press releases, Wal-Mart recently gave hundreds of thousands of dollars for disaster relief in Brazil following a flood, and it has pledged millions in support of Japan in the wake of the tsunami. Large corporations have…

Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling

John S. Pelletier

Salazar v. Buono: The Failed Landmark Case and its Illustration of the Two Sides of Plurality Opinions

Daniel Joseph Bass

A Due Process Right to Record the Police

Glenn Harlan Reynolds and John A. Steakley
Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no small degree of litigation, in recent years. The increase in litigation is driven by dramatic improvements in camera technology, which allow individuals to record and share images in ways that were previously available, if at all, only to members of large media organizations. Most of the…