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The contents for this January 2018 issue of the Harvard Law Review, Number 3 of Volume 131, include: • Article, "The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power," by Nicholas R. Parrillo • Book Review, "Rethinking Autocracy at Work," by Cynthia Estlund • Note, "Congressional Intent to Preclude Equitable Relief — Ex Parte Young After Armstrong" • Note, "Sixth Amendment Challenge to Courthouse Dress Codes" • Note, "The Virtues of Heterogeneity, in Court Decisions and the Constitution" In addition, the issue features student commentary on Recent Cases and other legal actions, including such subjects as: standing in class actions for credit reporting; right of access of press re Guantanamo Bay detainees; parolees and disability rights under the ADA; intent and manslaughter by encouraging suicide; proposed legislation to ameliorate punitive effects of drug crimes involving marijuana; and President Trump's tweets purporting to ban transgender servicemembers in the military. Finally, the issue includes summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition (since 2011), featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting.
The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.
From one of the leading intellectuals of the digital age, The Digital Republic is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? A Financial Times “Book to Read” in 2022 Not long ago, the tech industry was widely admired, and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly. The Digital Republic charts a new course. It offers a plan for the digital age: new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand.