Author: Danielle Citron

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Online Symposium: Ertman’s Love’s Promises, How Formal and Informal Contracts Shape All Kinds of Families

It’s an honor to introduce Professor Martha Ertman and the participants in our online symposium on Love’s Promises: How Formal and Informal Contracts Shape All Kinds of Families (Beacon Press). This week, we will be discussing Ertman’s important book, which tells the compelling story of how contracts shape and sustain families. As Professor Vivian Zelizer remarked, “At a time of dramatic transformations in Americans’ family lives, Love’s Promises offers unique insights into how to manage diverse intimate relationships. Ertman makes a compelling case for why, when, and how contracts can enhance loving relationships. A pioneering book that should be read by all those concerned with current and future families.

Love’s Promises raises a host of fascinating and timely questions. Can and should private contracts substitute for formal marriage? Does putting a price tag on familial relationships change the nature of those relationships? Should we get state lawmakers out of the family business? Does it matter if those issues involve children or adults?

To consider these and many other issues, we have invited an all-star cast of thinkers: Jana SingerKimberly MutchersonCarlos BallMichele GoodwinDoug NeJaimeNaomi Cahn, Solangel MaldonadoZvi TrigerHillary BerkRobin LenhardtRosanna Hertz, and Judith Stacey.

We are excited for the discussion to begin!

 

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Boston University Law Review’s Symposium on the Civil Rights Act at 50

BOSTON UNIVERSITY LAW REVIEW

VOLUME 95 NUMBER 3

MAY 2015

SYMPOSIUM: THE CIVIL RIGHTS ACT OF 1964 AT 50: PAST, PRESENT, AND FUTURE

Editors’ Foreword

PANEL I: HISTORICAL PERSPECTIVES

The Long Civil Rights Act and Criminal Justice— Margaret Burnham

Intersectionality and Title VII: A Brief (Pre-)History— Serena Mayeri

Private Rights and Private Actions: The Legacy of Civil Rights in the Enforcement of Title VIIGeorge Rutherglen

The Regional Economic Impact of the Civil Rights Act of 1964Gavin Wright

PANEL II: CLASSIFICATIONS AND CATEGORIES IN THE 1964 ACT AND IN SUBSEQUENT CIVIL RIGHTS LAWS

Reading Amendments and Expansions of Title VII Narrowly— Henry L. Chambers, Jr.

Marital Status Discrimination 2.0Courtney G. Joslin

Backlash, Courts, and Disability RightsMichael Waterstone

PANEL III: RESHAPING PUBLIC AND PRIVATE SPACE: PUBLIC ACCOMMODATIONS, NEIGHBORHOODS, AND HOUSING

Can’t We Be Your Neighbor?: Trayvon Martin, George Zimmerman and the Resistance to Blacks as NeighborsJeannine Bell

Model Neighborhoods Through Mayors’ Eyes Fifty Years After the Civil Rights Act— Katherine Levine Einstein & David M. Glick

The Civil Rights Act of 1964 and “Legislating Morality”: On Conscience, Prejudice, and Whether “Stateways” Can Change “Folkways”Linda C. McClain

We Don’t Serve Your Kind Here: Public Accommodations and the Mark of SodomJoseph William Singer

 Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and LGBT RightsRobin Fretwell Wilson

PANEL IV: RESHAPING PUBLIC AND PRIVATE SPACE: EDUCATION, THE WORKPLACE, AND THE MILITARY

On Not “Having It Both Ways” and Still Losing: Reflections on Fifty Years of Pregnancy

Litigation Under Title VIIDeborah L. Brake

 Right to Serve or Responsibility to Protect? Civil Rights Framing and the DADT RepealCatherine Connell

Moving Forward, Looking Back: A Retrospective on Sexual Harassment LawJoanna L. Grossman

Reactive to Proactive: Title IX’s Unrealized Capacity to Prevent Campus Sexual AssaultKatharine Silbaugh

PANEL V: PROVING DISCRIMINATION

On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the “Monell Analogue”Tristin K. Green

 Class-Based Adjudication of Title VII Claims in the Age of the Roberts CourtMichael C. Harper

Addressing Systemic Discrimination: Public Enforcement and the Role of the EEOCPauline T. Kim

Special Treatment Everywhere, Special Treatment NowhereNoah D. Zatz

PANEL VI: THE LIMITS AND FUTURE OF ANTIDISCRIMINATION LAW

The Horizontal Effect of a Right to Non-Discrimination in Employment: Religious Autonomy Under the U.S. Constitution and the Constitution of South AfricaSonu Bedi

Blaming Mothers: A Disability PerspectiveRuth Colker

RECEPTION ADDRESS

Now We Must Cross a Sea: Remarks on Transformational Leadership and the Civil Rights Movement— Walter Earl Fluker

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Upcoming Online Symposium on Martha Ertman’s Love’s Promises: How Formal and Informal Contracts Shape All Kinds of Families

During the week of June 22, 2015, we will be hosting on online symposium on Professor Martha Ertman’s ground-breaking new book Love’s Promises: How Formal and Informal Contracts Shape All Kinds of Families (Beacon Press). Most people think of love and contracts as strange bedfellows, or even opposites. Professor Ertman’s Love’s Promises shows that far from cold and calculating, contracts shape and sustain families. Insightful, accessible, and revelatory, Love’s Promises lets readers in on the power of contracts and deals to support love in its various forms and to honor the different ways that individuals contribute to our daily lives.

To discuss Love’s Promises, we will be joined by an exciting group of scholars (including Martha Ertman): Jana SingerKimberly MutchersonCarlos BallMichele GoodwinDoug NeJaimeNaomi Cahn, Solangel MaldonadoZvi TrigerHillary BerkRobin LenhardtRosanna Hertz, and Judith Stacey

For D.C./Maryland residents, you can catch Professor Ertman doing a reading from the book today at 3 p.m. at Politics & Prose.

 

 

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The Legacy of Ruth Bader Ginsburg

Edited by esteemed civil procedure scholar Scott Dodson, the newly released book “The Legacy of Ruth Bader Ginsburg” is a significant contribution. The release is beautifully timed: the public is rightfully taken with Justice Ginsburg’s insights. Hopefully, I will have Professor Dodson back to the blog to talk about the book in detail but for now here is a description.

Ruth Bader Ginsburg is a legal icon. In more than fifty years as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. Her impact on the law cannot be overstated. Yet no book on Ginsburg’s legacy exists. This book fills that gaping void by chronicling and evaluating the remarkable achievements Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg’s career. Together, these perspectives document the impressive – and continuing – legacy of one of the most important figures in modern law.

The book’s contributors include Nina Totenberg of NPR fame, Chief Judge Robert Katzmann (Second Circuit), Reva Siegel (Yale) and Neil Siegel (Duke), Lani Guinier (Harvard), Herma Hill Kay (Berkeley), Dahlia Lithwick (Slate), Aziz Huq (Chicago), Cary Franklin (Texas), and Tom Goldstein (SCOTUSblog), among others. Jacket reviews are by Trevor Morrison (NYU) and Ginsburg’s two biographers, Wendy Williams (Georgetown) and Jane De Hart (UCSB). Readers can download a free e-copy of the Preface, Table of Contents, and Coda from SSRN.

The book’s already gotten some good press. My co-blogger and First Amendment guru Ron Collins has a write up of the book on SCOTUSblog (along with some other recommended books). Civil rights scholar Nancy Leong of Denver University School of Law has a podcast interview of Scott Dodson on the book for her inaugural episode of RightsCast. Above the Law’s David Lat has been Tweeting about it. And Justice Ginsburg herself mentioned it to a huge crowd at the AALS Conference earlier this month and said that she would make sure it was available for purchase in the Supreme Court gift shop.

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Introducing Guest Blogger Michael Coenen

I am thrilled to welcome aboard Professor Michael Coenen as a guest blogger. Professor Coenen joined the LSU Law Center faculty in 2013, having previously served as a Climenko Fellow and Lecturer on Law at Harvard Law School. He holds an A.B. in Music froheadshot2m Princeton University, and a J.D. from Yale Law School, where he was an Articles Editor for the Yale Law Journal. After graduating from law school, he clerked for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit.

Michael teaches and writes in the areas of constitutional law, federal courts, criminal procedure, and administrative law.

His recent publications include:

Of Speech and Sanctions: Toward A Penalty-Sensitive Approach to the First Amendment, 112 Colum. L. Rev. 991 (2012)

Constitutional Privileging, 99 Va. L. Rev. 683 (2013)

Spillover Across Remedies, 98 Minn. L. Rev. 1211 (2014)

Rules Against Rulification, 124 Yale L.J. (forthcoming 2015).

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Carrie Goldberg: IT’S CLEAR: CREATING AMATEUR PORN WITHOUT A PARTICIPANT’S KNOWLEDGE IS ILLEGAL IN NY

This post is by Carrie Goldberg who is the founding attorney at C. A. Goldberg, PLLC in Brooklyn, New York focusing on litigation relating to electronic sexual privacy invasions. She is a volunteer attorney at The Cyber Civil Rights Initiative and its End Revenge Porn campaign.Carrie

Earlier this year, the New York City tabloids and “Saturday Night Live” poked fun at a story about a handsome former Wall Street financial advisor who, after being indicted for recording himself having sex without the women’s permission, blamed the taping on his hyper-vigilant “doggie cam.”

Last week the story re—emerged with an interview by two of the three 30-something year old victims complaining that they’d been wrongly portrayed by the media and the defendant’s high profile criminal team as jealous stalkers when in reality their energetic efforts to reach him was upon discovery of the videos and centered around begging him to destroy them. The humiliation sustained during the ongoing criminal process, such as being forced to view the sex videos alongside the jurists, is palpable.

Many New Yorkers may be unaware that recording yourself having sex without the other person’s knowledge constitutes a sex crime in the state (NY Penal § 250.45) and also breaches our federal video voyeurism laws (18 USCA § 1801). With the proliferation of smart phones and tablets enabling people to­ secretly videotape sexual encounters – including apps that allow for stealth recording – this law is increasingly violated. The harm to victims is palpable and real. It’s deeply humiliating to be turned into an object of pornography without consent.

In 2003, then-Governor George E. Pataki signed New York’s unlawful surveillance statute, known as Stephanie’s Law, making it illegal to use a device to secretly record or broadcast a person undressing or having sex when that person has a reasonable expectation of privacy. The statute is named for Stephanie Fuller, whose landlord taped her using a camera hidden in the smoke detector above her bed. Read More

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Blair-Stanek on Intellectual Property Law Solutions to Tax Avoidance

My colleague Andrew Blair-Stanek has a creative and interesting new article Intellectual Property Law Solutions to Tax Avoidance, forthcoming UCLA Law Review. Check out the abstract:

Multinational corporations use intellectual property (IP) to avoid taxes on a massive scale, by transferring their IP offshore for artificially low prices. Economists estimate that this abuse costs the U.S. Treasury as much as $90 billion each year. Yet tax policymakers and scholars have been unable to devise feasible tax-law solutions to this problem. This Article introduces an entirely new solution: change IP law rather than tax law. Multinationals’ tax-avoidance strategies rely on undervaluing their IP. This Article proposes extending existing IP law so that these low valuations make it harder for multinationals subsequently to litigate or to license the IP. For example, transferring a patent for a low price to a tax-haven subsidiary should make it harder for the multinational to demonstrate the patent’s validity, a competitor’s infringement, or entitlement to any injunctions. The low transfer price should also weigh toward lower patent damages and potentially even a finding of patent misuse. Extending IP law in such ways would deter multinationals from using IP to avoid taxes. Both case law and IP’s theoretical justifications support this approach, which also has the counterintuitive benefit of encouraging the flourishing of creative professionals such as inventors and authors.

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Introducing Guest Blogger Babak Siavoshy

I’m thrilled to welcome back as a guest blogger Babak Siavoshy, who is a Non-Resident Fellow at Georgetown’s Center on National Security and the Law, and a member of the Privacy and Civil Liberties team at Palantir Technologies.* Before joining Palantir, Babak was a fellow and supervising attorney at the Samuelson Law, Technology & Public Policy Clinic at the UC Berkeley School of Law, where he counseled public interest clients on digital civil liberties and intellectual property matters.

Prior to joining Berkeley Law, Babak worked on consumer privacy issues for California Attorney General Kamala Harris, and as an associate at O’Melveny & Myers LLP in Washington D.C. While at O’Melveny & Myers Babak co-wrote the Respondent’s merits brief before the Supreme Court in the GPS-tracking case United States v. Jones.

Babak served as a law clerk to the Honorable John T. Noonan, Jr., on the United States Court of Appeals for the Ninth Circuit in San Francisco. He is a graduate of UC Berkeley, earning bachelor’s degrees in English and in philosophy in 2004, and a law degree in 2008.

Babak blogs on law and technology issues here and here.

*Babak’s guest posts and academic work represent his own views, and not necessarily those of his employer.