Persuasive Attack and Defense of Campus Free Speech: Implications for the First Amendment

This essay examines controversies and exchanges regarding free speech on college and university campuses in the United States. The authors offer an overview of the general discord about free speech and a review of the most current and relevant jurisprudence. Following this, theories of persuasive attack (Benoit and Dorries, 1996; Legge et al., 2012) and persuasive defense (Benoit, 1995) are used as a lens to characterize the topoi (opportunities for argument) from which attempts to limit or protect campus free speech proceed. Analysis points to future conflicts centered on viewpoint neutrality versus a compelling interest in protecting listeners from potentially harmful speech. While this hardly breaks new ground per se in terms of the viewpoint neutrality standard, the increasing concerns of advocacy groups and administrators in providing for more welcoming environments raise the specter of an augmented “compelling governmental interest” in equality and order which could weigh more heavily in censorship arguments. Finally, the most substantial contribution of this article is its delineation of a new method for identifying potential Constitutional arguments via established theories of communication

Has the Cyber-Marketplace of Ideas Gone Rogue?

To this day, First Amendment jurisprudence protects the rights of speakers whose views the overwhelming majority of people may find distasteful or discomforting—at least offline, that is. The internet and social media, however, present a complex case for whether or not to regulate hate speech online.Social media has done a tremendous deal of good in the world—including serving as the foundation for promoting awareness of police brutality and the #MeTooMovement. Nevertheless, social media has seen a tsunami of hate since the beginning of the Covid-19 pandemic, and the situation is only escalating. And worst of all, the social media platforms regulating speech online are often making arbitrary, uninformed decisions of when to moderate content—which has resulted in anti-racism activists being censored for speaking out against white supremacy.In light of this issue, however, we need to reject the calls to prohibit private platforms’ moderation of content. In the event social media platforms are subject to First Amendment principles, hate speech victims will not receive adequate protection from threatening comments.And although we should not give in to the calls to permit uninhibited speech on social media, that does not mean we do not have a solution. This article seeks to show the legal community that we can, in fact, censor the “speech we hate” on social media, and it provides a framework through which to do so—promoting transparency, procedural rights, oversight, and limiting institutional bias in making content moderation decisions. Now with this insight, it is time for Americans to take action and demand respect and responsibility on social media

Insurance—Fidelity Bonds Held Continuing Contract—Recovery Denied Beyond Face Value

Columbia Hospital for Women and Lying-In Asylum v. United States Fidelity and Guaranty Company, 188 F2d 654 (D. C. Cir. 1951)

Insurance—Fidelity Bonds Held Continuing Contract—Recovery Denied Beyond Face Value

Columbia Hospital for Women and Lying-In Asylum v. United States Fidelity and Guaranty Company, 188 F2d 654 (D. C. Cir. 1951)

A Theoretical Justification for Treating the Contract for Deed as a Mortgage

Millions of Americans finance their home using the treacherous contract for deed. Denied access to the conventional mortgage, the contract for deed often is the only alternative for Americans seeking the stability of homeownership. Historically, however, this deceptive financing device disrupted the lives of thousands of individuals by forfeiting their property and all payments made on the contract—even where only one installment was overdue. Low-income Americans and immigrant families disproportionately experience the brunt of the contract for deed. Furthermore, as Americans experience rising prices and increasing financial instability, there is reason to fear sellers—equipped with insight into lenders’ former mistakes—could revive the contract for deed, using it to swindle unsuspecting buyers. Several scholars previously addressed the necessity of treating the contract for deed as a mortgage. However, none addressed the critical underlying question: What is property, and what role does it play in society? This Article analyzes natural law, personhood, utilitarian, and civic republican theories of property as applied to the dilemma of the forfeiture clause. Whether it is because of the stifling of community, the destruction of an individual’s external sphere of freedom, or the inhibiting of a citizen’s ability to participate in democracy, channeling the insight of some of the world’s greatest philosophers compels the conclusion that change is necessary. Lastly, courts are not without guidance. The Indiana & Kentucky Supreme Courts established clear doctrine treating the contract for deed as a mortgage. Thus, given that enforcing forfeiture clauses in contracts for deeds is incongruent with the philosophical foundations of property law, it is time for society to follow the Indiana and Kentucky approaches and treat this financing device as a mortgage

Testamentary Trusts—Accumulations—Choice of Law

In re Clarkson\u27s Will, __ Misc. __ , 107 N. Y. S. 2d 289 (Surr. Ct. 1951)

Bur Buttercup, Ranunculus testiculatus, New to Eastern Canada

Bur Buttercup (Ranunculus testiculatus) is newly reported for eastern Canada based on two collections from campgrounds in southern Ontario. This vernal, annual, Eurasian weed is widespread in western North America and is expanding its range in the east; it should be expected elsewhere in eastern Canada. Bur Buttercup is known to be toxic to livestock

A molecular biology and phase II trial of lapatinib in children with refractory CNS malignancies: a pediatric brain tumor consortium study.

High expression of ERBB2 has been reported in medulloblastoma and ependymoma; EGFR is amplified and over-expressed in brainstem glioma suggesting these proteins as potential therapeutic targets. We conducted a molecular biology (MB) and phase II study to estimate inhibition of tumor ERBB signaling and sustained responses by lapatinib in children with recurrent CNS malignancies. In the MB study, patients with recurrent medulloblastoma, ependymoma, and high-grade glioma (HGG) undergoing resection were stratified and randomized to pre-resection treatment with lapatinib 900 mg/m(2) dose bid for 7-14 days or no treatment. Western blot analysis of ERBB expression and pathway activity in fresh tumor obtained at surgery estimated ERBB receptor signaling inhibition in vivo. Drug concentration was simultaneously assessed in tumor and plasma. In the phase II study, patients, stratified by histology, received lapatinib continuously, to assess sustained response. Eight patients, on the MB trial (four medulloblastomas, four ependymomas), received a median of two courses (range 1-6+). No intratumoral target inhibition by lapatinib was noted in any patient. Tumor-to-plasma ratios of lapatinib were 10-20 %. In the 34 patients (14 MB, 10 HGG, 10 ependymoma) in the phase II study, lapatinib was well-tolerated at 900 mg/m(2) dose bid. The median number of courses in the phase II trial was two (range 1-12). Seven patients (three medulloblastoma, four ependymoma) remained on therapy for at least four courses range (4-26). Lapatinib was well-tolerated in children with recurrent or CNS malignancies, but did not inhibit target in tumor and had little single agent activity.Fil: Fouladi, Maryam. St. Jude Children’s Research Hospital; Estados UnidosFil: Stewart, Clinton F.. St. Jude Children’s Research Hospital; Estados UnidosFil: Blaney, Susan M.. Baylor College of Medicine. Texas Children’s Cancer Center; Estados UnidosFil: Onar Thomas, Arzu. St. Jude Children’s Research Hospital; Estados UnidosFil: Schaiquevich, Paula Susana. St. Jude Children’s Research Hospital; Estados Unidos. Consejo Nacional de Investigaciones Científicas y Técnicas; ArgentinaFil: Packer, Roger J.. Children’s National Medical Center; Estados UnidosFil: Goldman, Stewart. Anne and Robert H. Lurie Children’s Hospital of Chicago; Estados UnidosFil: Geyer, J. Rusell. Children’s Hospital and Regional Medical Center; Estados UnidosFil: Gajjar, Amar. St. Jude Children’s Research Hospital; Estados UnidosFil: Kun, Larry E.. St. Jude Children’s Research Hospital; Estados UnidosFil: Boyett, James M.. St. Jude Children’s Research Hospital; Estados UnidosFil: Gilbertson, Richard J.. St. Jude Children’s Research Hospital; Estados Unido