Category: Volume 69, Issue 4

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 4, 1039-1098 Privacy loss is central to privacy law scholarship, but a clear definition of the concept remains elusive. We present a model that both captures the essence of privacy loss and can be easily applied to policy evaluations and doctrinal debates. To…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] JD Hsin Volume 69, Issue 4, 1099-1146 For more than half a century the heckler’s veto has been a source of provocation. On the one hand, there now appears to be widespread consensus among courts and commentators that allowing police to shut down a provocative speaker in a public space over threats from…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Noah M. Kazis Volume 69, Issue 4,1147-1223 The bicameral legislature is a cornerstone of the Madisonian system, a basic assumption of American constitutionalism. But a different constitutional vision is hidden in plain sight. Of the more than 90,000 local governments in the United States-many of which began as bicameral before abandoning the federal…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] David Kwok Volume 69, Issue 4, 1225-1269 When employers retaliate against whistleblowers, courts and agencies often treat the retaliation as a private employment dispute best resolved by the whistleblower and employer. This cramped view of retaliation disregards Congress’s contrary perspective of whistleblower retaliation as a public wrong requiring public attention. A survey of…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Nancy Morawetz Volume 69, Issue 4, 1271-1310 In the first year of the Trump Administration, the courts played a critical role in reviewing and shaping federal immigration policy. When nonprofits and states filed prominent cases challenging the “travel ban,” the public could follow the court process in real time, as new filings were…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Joseph G. Marano Volume 69, Issue 4, 1311-1332 Courts have consistently interpreted section 230 of the Communications Decency Act (“CDA”) as shielding internet service providers from liability for defamatory content posted by users. This is a significant departure from traditional defamation law where publishers may be held liable for defamation upon reprinting defamatory…