Archive for category: Issue Areas

  • Colloquium Video: "Roper, Graham, and J.D.B.: Re-defining Juveniles' Constitutional Rights"

    Criminal Justice, Education, Events March 21, 2012 9:06 am no comments

    Article drafts and video of CR-CL’s recent colloquium. On Monday, March 26, 2012, the Harvard Civil Rights-Civil Liberties Law Review, in conjunction with the Juvenile Law Center and the Milbank Foundation, presented a colloquium: Roper, Graham, and J.D.B.: Redefining Juveniles’ Constitutional Rights. Guests at the event included Martin Guggenheim of NYU Law School, Marsha Levick and Robert Schwartz of the Juvenile Law Center, Michael Dale, of the Nova Southeastern Law Center, and the Hon. Jay Blitzman, chief judge of the Middlesex County Juvenile Court.

     
  • Can Congress Prohibit Lying About Military Decorations?

    By Matt Giffin, First Amendment March 19, 2012 8:23 pm no comments

    In light of the great deference traditionally shown by the Court – and evinced by several Justices in this case – towards the government in military matters, it may well be that the Court overlooks the troubling free-speech consequences of the Act’s overbreadth. In an area of its jurisprudence where it has shown willingness in recent years to give the First Amendment significant teeth, however, the Court would do well to subject the Stolen Valor Act to the full scrutiny it deserves under established doctrine despite the Act’s largely uncontroversial motives.

     
  • CR-CL Podcast – Episode 6 – Experts Discuss Preventing Intellectual Property Theft

    Daniel Mandil, Associate General Counsel for Viacom, and Fred von Lohmann, Senior Copyright Counsel for Google, provide two perspectives on how to best balance internet freedom and protection of intellectual property. Mr. Mandil, now at Viacom, was formerly an attorney for the Motion Picture Association of America, and Mr. von Lohmann worked previously at the Electronic Frontier Foundation. Their different perspectives provide a sensible discussion on how to move forward and ensure that both intellectual property and intellectual freedom are protected in the digital age.

     
  • Virginia Almost Mandates Sexual Assault to Restrict Abortion Access

    What is truly frightening about this story is that Virginia legislators thought that restricting women’s access to abortion was important enough to force almost every woman seeking the procedure in the Commonwealth to become a victim of sexual assault, and force doctors to become perpetrators.

     
  • CR-CL Podcast – Episode 5 – The Occupy Movement

    CR-CL’s Executive Editors for Online Content Noah Kaplan and Matt Giffin are joined by Ariel Oshinky and Stephen Squibb, members of the Occupy Boston Communications Committee. Ariel and Stephen discuss the motivating ideology of the Occupy Movement, the relationship between Occupy Boston, the city, the police, and the courts, and the future of Occupy as a movement. Will Occupy suffer the fate of the Tea Party and be coopted by mainstream politics? What has Occupy already accomplished? What can it accomplish in the upcoming election; in a year; in five years?

     
  • The End Draws Near in New York School Worship Controversy

    Finally, after this decade long back-and-forth between Judge Preska and the Second Circuit, the Second Circuit has blinked. Despite Judge Preska’s flagrant disregard of the Second Circuit’s limitation of the injunction to The Bronx House of Worship, on February 29, 2012, the Second Circuit seemed to side with Judge Preska in refusing to grant the schools’ request to stay Judge Preska’s blanket injunction. The Second Circuit, however, did ask Judge Preska to resolve the case by mid-June, once and for all, so that the dispute is over by start of the new school year in the Fall of 2010. The New York school worship controversy will thus soon be over for not only Judge Preska and the Second Circuit, but also the multitude of religious groups seeking to use New York’s public school buildings for weekend worship.

     
  • Next Steps on the Consumer Privacy Bill of Rights

    The question we should be asking now is how to use the multistakeholder framework of the Consumer Privacy Bill of Rights in order to give an effective voice to privacy rights advocates.

     
  • Does Publishing Teacher Rankings Implicate Privacy Concerns?

    Amicus, Education, Labor and Employment March 6, 2012 10:43 am 1 comment

    It is reasonably foreseeable that parents will try to use this information to pressure their children’s schools into firing certain teachers or to assign their children to particular classrooms – actions which will not serve the broader purpose of improving instruction….The level of detail with which the data has been released can only serve to publicly humiliate teachers and is only reasonably necessary for school administrators’ use, not the general public.

     
  • The House as an Asset in Play: The Spanish Response to the Foreclosure Crisis

    The thousands of evictions since the collapse of the housing bubble are one of the most tragic consequences of’ Spain’s private debt crisis. Although the crisis hit hard in both the U.S. and many European countries, the case of Spain is particularly striking. Residential mortgages in Spain are generally recourse loans, meaning that if the homeowner stops making payments, the creditor can take both the property and other assets.

     
  • Making Sense of the Establishment Clause Test for Public Displays of Religion

    First Amendment March 1, 2012 11:28 pm 2 comments

    Each year, over 50,000 skiers and snowboarders visit the ski slopes at Big Mountain in northwest Montana, just 66 miles from the Canadian border.  This year, the mountain has set the stage for a battle between atheists and religious groups over the fate of a six-foot statue of Jesus that [...]