FINDLAW COLUMNISTS
Footnote on a Political Classic: The Conscience of a Conservative by Barry Goldwater
Toward the Future: The Lessons of the U.S. Conference of Catholic Bishops Report, and the Ways in Which We Can Protect All Children From Sex Abuse
Is the Nighttime the Wrong Time for Searching Houses?: The Supreme Court of Minnesota Reads the U.S. Constitution to Say Yes
The Ehrenfeld/Mahfouz Case: How "Libel Tourism" Undermines the First Amendment and, in the Internet Age, Compels An International Solution
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FINDLAW COLUMNISTS:
FOOTNOTE ON A POLITICAL CLASSIC: THE CONSCIENCE OF A CONSERVATIVE BY BARRY GOLDWATER
(John Dean) - Who really wrote Barry Goldwater's landmark political tract "The Conscience of a Conservative"? The answer is simple and straightforwad: none other than Goldwater himself. Based on his research into the Goldwater archive, conducted jointly with Barry Goldwater, Jr., Dean cites specific, powerful evidence that rebuts widespread claims that Goldwater did not write the book that bore his name. Read more...
TOWARD THE FUTURE: THE LESSONS OF THE U.S. CONFERENCE OF CATHOLIC BISHOPS REPORT, AND THE WAYS IN WHICH WE CAN PROTECT ALL CHILDREN FROM SEX ABUSE
(Marci Hamilton) - A look at the recently-released report of the U.S. Conference of Catholic Bishops. Hamilton explains why she had mixed feelings after reading the report and reflecting on the past five years and the clergy child abuse scandal. In the end, she contends that private institutions, public institutions, and legislatures must all take action if we are to end child sex abuse. Read more...
IS THE NIGHTTIME THE WRONG TIME FOR SEARCHING HOUSES?: THE SUPREME COURT OF MINNESOTA READS THE U.S. CONSTITUTION TO SAY YES
(Sherry Colb) - A look at a recent decision by the Minnesota Supreme Court interpreting the Fourth Amendment to the U.S. Constitution to suggest that searches conducted by the police at night at citizens' homes should be subject to stricter standards than searches conducted in the daytime. Colb argues that this analysis -- grappling with a question the U.S. Supreme Court has not resolved conclusively -- is the correct one. Read more...
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Read The Minnesota Supreme Court's Opinion
THE EHRENFELD/MAHFOUZ CASE: HOW "LIBEL TOURISM" UNDERMINES THE FIRST AMENDMENT AND, IN THE INTERNET AGE, COMPELS AN INTERNATIONAL SOLUTION
(Julie Hilden) - An assessment of a little-discussed but very significant New York case. As Hilden explains, the case involves what is arguably an instance of "libel tourism" -- the phenomenon of plaintiffs choosing to sue in the United Kingdom (U.K.), as opposed to the U.S., whenever possible, because law in the U.K. on defamation is dramatically more pro-plaintiff than law in the U.S. Hilden suggests that a treaty might resolve the problem, protect First Amendment interests, and honor the different privacy/free speech balances the U.K. and the U.S. each strike. Read more...