Publications

Courtroom “Feud” Leaves Accurate Speech About Celebrities Unprotected

Author(s): 
Daniel Nazer
Publication Date: 
October 10, 2017
Publication Type: 
Other Writing

The first season of FX’s drama Feud told the story of the rivalry between Bette Davis and Joan Crawford. Set in Hollywood during the early sixties, the drama portrays numerous real-life figures from the era. Catherine Zeta-Jones appeared as Olivia de Havilland. Unfortunately, de Havilland did not enjoy the show. Read more about Courtroom “Feud” Leaves Accurate Speech About Celebrities Unprotected

We know that evidence-based medicine works. So why don’t politicians support it?

Author(s): 
Henry Farrell
Publication Date: 
October 3, 2017
Publication Type: 
Other Writing

Eric M. Patashnik, Alan S. Gerber and Conor M. Dowling’s new book, “Unhealthy Politics: The Battle over Evidence-Based Medicine,” provides some very important insights into the role that evidence does (and doesn’t play) in U.S. policymaking. I asked Patashnik, a professor of public policy and political science at Brown University, about the book’s major findings. Read more about We know that evidence-based medicine works. So why don’t politicians support it?

The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters

Author(s): 
Giancarlo Frosio
Publication Date: 
October 2, 2017
Publication Type: 
Academic Writing
In imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça stated that “if Google created an ‘untameable monster,’ it should be the only one charged with any disastrous consequences generated by the lack of control of the users of its websites.” In order to tame the monster, the Brazilian Superior Court had to impose monitoring obligations on YouTube. This was not an isolated case.

Jesner: A Guide to the Blogosphere

Author(s): 
Beth Van Schaack
Publication Date: 
September 30, 2017
Publication Type: 
Other Writing

As part of our symposium of Jesner v. Arab Bank case, we are offering this annotated guide to previous coverage of the case in the blogosphere, including another online symposium on the SCOTUS blog featuring a contribution on the relevance of the post-WWII prosecutions by yours truly.

SCOTUS BLOG Symposium Read more about Jesner: A Guide to the Blogosphere

Diversity isn’t just about justice. It’s about helping us make better collective decisions.

Author(s): 
Henry Farrell
Publication Date: 
September 28, 2017
Publication Type: 
Other Writing

Scott Page is a professor of political science at the University of Michigan, and the author of The Diversity Bonus, a new book based on his research on diversity and collective decision-making (some of which has been developed and presented at workshops organized by the MacArthur Network on Opening Governance). I asked him questions about the implications of his work. Read more about Diversity isn’t just about justice. It’s about helping us make better collective decisions.

Libya’s Haftar and Liability of Superiors: Ordering Offenses v. Responsibility for Omissions

Author(s): 
Beth Van Schaack
Publication Date: 
September 20, 2017
Publication Type: 
Other Writing

Further to Just Security‘s coverage on Tuesday of the potential war crimes liability of U.S citizen/Libyan warlord General Khalifa Haftar, this article discusses the distinction under international criminal law between (1) ordering the commission of offenses and (2) being found liable under the doctrine of superior responsibility for failing to prevent or punish the commission of abuses by subordinates. Read more about Libya’s Haftar and Liability of Superiors: Ordering Offenses v. Responsibility for Omissions

Congress's sloppy new internet bill is a step in the wrong direction

Author(s): 
Daphne Keller
Publication Date: 
September 18, 2017
Publication Type: 
Other Writing

Most observers cheered when the neo-Nazi Daily Stormer was booted from YouTube, CloudFlare, and other platforms around the Internet. At the same time, the site’s disappearance stirred anxiety about Internet companies’ power over online speech. It starkly illustrated how online speech can live or die at the discretion of private companies. The modern public square is in private hands. Read more about Congress's sloppy new internet bill is a step in the wrong direction

Communicating Cyber Intelligence to Non-Technical Customers

Author(s): 
Brian Nussbaum
Publication Date: 
September 7, 2017
Publication Type: 
Academic Writing

This article examines the challenge facing cyber intelligence analysts who have to explain threat information and analysis to non-technical consumers, like executives or law enforcement.  It explains why these challenges are common, but are often more pronounced in state and local government contexts.  Finally, it proposes a conceptual framework to think about the tradeoffs such analysts face, examines similar challenges in other policy areas, and offers strategies for communicating threat information effectively under various constraints. Read more about Communicating Cyber Intelligence to Non-Technical Customers

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