Vol. 89:5
Categories: In Print, In Print - Table of Contents, Volume 89, Volume 89-5, Volumes | Posted: July 5, 2012
Archive for the 'Volume 89-5' Category
A Due Process Right to Record the Police
I. INTRODUCTION
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.[1] The increase in litigation is driven by dramatic improvements in camera technology, which allow individuals to record and share images in [...]
Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling
Music sampling continues to be the linchpin of a variety of musical styles including rap, hip-hop, house, and dance music, and has even become prevalent in rock music. The practice of sampling involves taking pre-existing sound recordings and using portions of those recordings as elements in a new musical composition. The amount of the work [...]
Salazar v. Buono: The Failed Landmark Case and its Illustration of the Two Sides of Plurality Opinions
A simple Latin cross, placed on an outcropping of rock in the Mojave Desert, became the center of much controversy in 1999. The cross had stood since 1934 when the Veterans of Foreign Wars (VFW) placed it to memorialize the deaths of soldiers in World War I. The land was part [...]
Constitutionalized Negligence
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. [...]
“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity
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 [...]
