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Reconciling Privacy and Speech in the Era of Big Data: A Comparative Legal Analysis
Get PDFIn both the United States and the nations of Western Europe, significant constitutional commitments safeguard both expressive freedom (including freedom of speech and of the press) and also a generalized constitutional right of privacy. With some regularity, however, these rights will come into conflict, as the protection of one right can be achieved only at the cost of abridging or denying the other. When a government official or public figure objects to the publication of an embarrassing photograph, perhaps taken by an invasive paparazzo, it is simply not possible to fully vindicate both a newspaper\u27s interest in publishing the photograph and the subject\u27s interest in privacy. Although generalizations often oversimplify complex legal, cultural, and moral understandings, it nevertheless remains true that European courts tend to place greater relative emphasis on safeguarding privacy than do courts in the United States. Thus, the standard narrative posits that the United States gives an absolute priority to speech, over vindication of privacy interests, whereas European law tends to discount the importance of expressive freedom in favor of more reliably safeguarding privacy. At one level of analysis, this standard account gets things right protected speech is both wider and deeper on this side of the Atlantic than in contemporary Europe. This standard account, however, underestimates the European commitment to protecting expressive freedom; the European commitment to safeguarding privacy does not, and will not, invariably override free speech. A comparative legal analysis also demonstrates that privacy is far from dead in the United States. Going forward, the challenges presented by the advent of Big Data and society-wide government surveillance programs increasingly will require both the United States and Europe to see privacy as an essential condition for safeguarding speech. Democratic self-government presupposes an ongoing dialogue among citizens, but an open dialogue about government simply cannot exist in a surveillance state. In the brave new world of PRISM and secret government manipulation of metadata, we must recognize that privacy and speech are fundamentally complementary, rather than competing, human rights. Moreover, this is a lesson that comparative legal analysis can teach
Killer.com
No full textWhat if murder was as easy as clicking a button and nobody would ever know? A mob of anonymous cyber stalkers torments lawyer Brent Marks with defamatory posts on the Internet in this fifth novel of the legal thriller series. When Marks sues to enjoin their libelous publication, the stalkers hide behind the immunity of the Communications Decency Act. When a mysterious anonymous killer for hire strikes, Brent finds himself accused of the murder, in a desperate race to prove his innocence.https://scholarship.law.ua.edu/harper_lee_prize_books_2016/1006/thumbnail.jp
Brush back
No full textReluctantly agreeing to help when an old boyfriend asks her to exonerate his mother for the murder of his sister, V.I. Warshawski is forced to confront ugly politics and violent elements in her hometownhttps://scholarship.law.ua.edu/harper_lee_prize_books_2016/1016/thumbnail.jp
Why Obama: An Interest Convergence Explanation of the Nation\u27s First Black President Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado
Get PDFJustice redeemed
No full textTwo years ago, Darren Street made a name for himself as the man who rooted out corruption in the district attorney\u27s office. Now the hotheaded young lawyer is in the public eye yet again--this time, accused of murder. Jalen Jordan retained Street for what seemed to be a minor traffic violation, but when evidence turned up linking Jordan to the death of two boys, Street wanted out of the case. To ensure his lawyer\u27s cooperation and silence, Jordan threatened to make Street\u27s son the next victim. Shortly after, Jordan\u27s own body turned up with a bullet hole in his chest. Now Street is on trial for his life, and the enemy he made in the DA\u27s office is clearly out for blood. It\u27s one lawyer out to frame another. Can a desperate father escape punishment for a crime he didn\u27t commit? --Page 4 of coverhttps://scholarship.law.ua.edu/harper_lee_prize_books_2016/1018/thumbnail.jp
Is There Any Room for the Doctrine of Fundamental Rights of States in Today\u27s International Law Introduction
Get PDFThis article serves as a general substantive introduction to the special issue on the fundamental rights of states in international law. It introduces the concept in theoretical and doctrinal terms, and lays out the questions that will be addressed by the contributions to the special issue. These questions include: 1) What do attributes like \u27inherent, \u27inalienable\u27 and \u27permanent\u27 mean with regard to state rights?; 2) Do they lead to identifying a unitary distinct category of fundamental rights of states?; 3) If so, what is their source and legal character?; 4) What are their legal implications, eg, when they come into conflict with other obligations of the right holder or with the actions of other states and international organisations?; and ultimately, 5) Is there still room in today\u27s international law for a doctrine of \u27fundamental\u27 rights of states? The article reviews the fundamental rights of states in positive law sources and in international legal scholarship, and identifies the reasons for a renaissance of attention for this doctrine
Pleasantville
No full textAcclaimed author Attica Locke reintroduces us to environmental lawyer Jay Porter (her Black Water Rising protagonist), who takes one last case on the behalf of the community of Pleasantville in this new thriller--only to become embroiled in its shadowy politics, a disturbing education in how far those in power are willing to go to win -- Provided by publisherhttps://scholarship.law.ua.edu/harper_lee_prize_books_2016/1013/thumbnail.jp
International Legal Limits on the Ability of States to Lawfully Impose International Economic/Financial Sanctions
No full textSince the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order.https://scholarship.law.ua.edu/fac_bookchapter/1018/thumbnail.jp
