Monthly Archives: January 2012

High court rejects Texas judge’s redistricting map

Billy Corriher In a case that does not bode well for Section 5 of the Civil Rights Act, last week the Supreme Court unanimously threw out a federal judge’s redistricting map for the state of Texas. The Court’s per curiam opinion, released on Friday, said the judge failed to show enough deference to the Texas legislature’s map,…

Congress is master of the public domain

Yevgeny Shrago While the Internet came together on Wednesday to protest Congressional consideration of the Stop Online Piracy Act in a recognition by citizens that intellectual property infrastructure matters, the Supreme Court struck a quieter, if still devastating blow against an open, vibrant public discourse in its latest IP opinion, Golan v. Holder.  While Golan seems to deal with a…

Presidential Politics in 2012 – Sarkozy vs. Hollande

Peter Dunne 2012 is shaping up to be a bumper year for Presidential politics. While the GOP candidates fight it out for their party’s nomination on this side of the Atlantic, the race to become France’s next President is just beginning to heat up. As in the United States, the campaign appears to present two…

The CSI Effect: Playing in a Jury Room Near You?

Frank Housh Social science continues to tell us that eyewitness testimony is flawed and is responsible for a lot of innocent people getting convicted.  In light of this increasing body of evidence, criminal defense attorneys have argued that absent expert testimony or procedural safeguards, such flawed eyewitness testimony should not be considered by a jury. …

Hosanna-Tabor and the Court’s Retaliation Decisions

Anne King Last week the Supreme Court decided Hosanna-Tabor Evangelical Church and School v. EEOC, recognizing a ministerial exception to the Americans with Disabilities Act’s anti-retaliation provision under the First Amendment. The Court also held that the ministerial exception applied to Cheryl Perich, a teacher at a church-based school who threatened to bring an ADA claim….

Indecency, Hypocrisy, and Dennis Franz’s Bottom

Mark Wilson Last week, the Supreme Court heard oral arguments in FCC v. Fox, where the Court must decide whether the FCC’s “fleeting” indecency policy, which includes isolated profanity and brief nudity, is unconstitutionally vague. The Second Circuit found that the FCC’s policy, which prohibits “all ‘patently offensive’ references to sex, sexual organs, and excretion,” did…

Newt’s exit may be the end of racist politics

Billy Corriher Mitt Romney’s nomination is looking more inevitable, and Newt Gingrich is looking increasingly desperate.  With his campaign coming to an end, Newt has shown himself to be the candidate most willing to stoop to new lows in appealing to racism.  The good news is that – after months of silence from the mainstream…

Mayo v. Prometheus Labs: Should Medical Research Be Patentable?

David Yin The affordable sequencing of the human genome introduced the tantalizing prospect of personalized medicine, where medical decisions could be made not merely with respect to knowledge about a disease, but tailored to an individual’s unique physiology. Treatments might therefore be chosen that were more effective, and less deleterious. Genomics is only part of the…

Michelle Obama and the prevalence of the “Angry Black Woman” stereotype

Najah Farley  In her new book, “The Obamas,” Jodi Kantor extensively discusses Michelle Obama’s role as First Lady of the United States. Kantor profiles particular instances where the First Lady informed members of the President’s staff of her displeasure concerning particular policy decisions and issues, as well as being intensely critical of the President. In response, Michelle Obama,…

What Are the Rights of Reporters Covering Protests?

Jonathan Peters Reporting on protests is no easy job—just ask the thirty-six reporters arrested while covering the Occupy movement, from New York to Boston to Nashville and beyond. Amid clashes between protesters and the police, the reporters ran afoul of the law. They went places where they weren’t supposed to go, and they did things…

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