Managing the Misinformation Marketplace: The First Amendment and the Fight Against Fake News

In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even “trending” on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People’s vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed populace to determine how it should act, fake news presents a unique threat to U.S. democracy. Although fake news threatens democratic institutions, First Amendment protections for false speech present a significant obstacle for regulatory remedies. This Note explores the ways these speech protections interfere with the government’s ability to protect political discourse—the process that enables it to function effectively—and proposes that the government regulate journalists to ensure that people can rely on legitimate news media to receive accurate information

Introduction: Targeting in an Asymmetrical World

This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing the challenges of the new warfare, while Laurie Blank advocates a new focus on enforcement at both the national and international levels to address violations of the principle of distinction. Read together, the articles in this collection present a convincing argument that the United States needs to work with other states and international organizations to forge international solutions to the international problems posed by the new warfare

Understanding the Legal Landscape of Discrimination Against Muslim Students in Public Elementary and Secondary Schools: A Guide for Lawyers

Intermediary organisations constructed as a link between public service providers and business entrepreneurs is a phenomena which we know very little of. Given the difficulty of relating concrete effects to investments made in business support ventures, we need to know more about the specific arguments behind this organisational construction. When deconstructing the arguments behind one particular venture, several lines of reasoning unfold, revealing motives founded on miscellaneous legitimating elements. The analysis reveals a situation where striving for legitimacy is sometimes more important than actual results and where the private entrepreneur is both the target and the role model

Legislative responses to data breaches and information security failures

On July 23, 2008, the Payment Cards Center of the Federal Reserve Bank of Philadelphia hosted a workshop to discuss federal and state legislative responses to data breaches. The workshop addressed several laws and legislative initiatives designed to create greater safeguards for personal consumer information frequently targeted by data thieves and often subject to the failures of information security protocols. Diane Slifer, J.D., M.B.A., who has frequently presented at forums on data security and has represented clients in matters related to data breaches, led the workshop. Slifer examined several highly publicized data breaches and explained how various laws and regulations have been put in place in order to protect and inform consumers whose personal information has been compromised. Additionally, she discussed several legislative initiatives designed to potentially create a more structured and secure environment for private consumer data overall. This paper summarizes Slifer's presentation, the ensuing discussion, and additional Payment Cards Center research. In addition, it offers a brief overview of recent data breaches, a description of various ways that federal and state laws operate, and some thoughts on how effective these laws and regulations have been.Payment systems ; Identity theft ; Fraud ; Law and legislation

Just War Theory: Revisionists Vs Traditionalists

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it