Nov 17
November 16th was designated American Censorship Day by a group of organizations, including among others, the Electronic Frontier Foundation, Creative Commons, Demand Progress, and Mozilla, to protest the House Bill 3261, otherwise known as the Stop Online Piracy Act (SOPA).
Nov 17
A recent decision in an EEOC case against retail chain Sterling Jewelers highlights the issue of pay secrecy in the workplace – in particular the common employer practice of prohibiting employees from discussing wages with one another.
Nov 16
In a move laden with mostly symbolic significance, the jury of the Russell Tribunal on Palestine recently published its final statement, concluding that “Israel subjects the Palestinian people to an institutionalized regime of domination amounting to apartheid as defined under international law.” While activists and intellectuals have every right to disseminate information about oppressive living conditions or alleged violations of fundamental rights, others caution that likening the situation to the odious South African-style apartheid might be an “offensive” over-simplification of mutually shared distrust and prejudice; hence cementing Israeli sentiments of estrangement from—and persecution by—the international community.
When Arizona passed SB 1070, a number of commentators and blogs compared the immigration laws to vagrancy laws, overly vague laws promulgated after reconstruction to criminalize unemployment. Unfortunately, Alabama’s immigration law, HB 56, with its sweeping provisions, comes even closer in comparison to the vagrancy laws of old.
Nov 16
The problem of corporate personhood is at the heart of OWS but surprisingly the notion of a corporation as an artificial entity predates the Constitution. However, corporate rights as they are understood now began to develop only in the 19th century. Arguments that rely on original intent or a textual reading of the Constitution fall short of providing truly convincing support for our current understanding of corporate personhood. Corporations are not people and should not be granted certain constitutional rights. The challenge now is how to regain that balance between promoting enterprise and protecting democracy.
Nov 16
The International Atomic Energy Agency recently released a report showing that Iran does not have a nuclear weapon but that it has taken steps consistent with developing one. On Monday, President Obama addressed the IAEA report and stated that the use of force against Iran was definitely on the table. The possibility that Iran could get a nuclear weapon is disturbing, but the prospect that U.S. might start another preemptive war is unacceptable. The time to stop the next war is now.
Nov 15
Following three decisions of the Supreme Court limiting Miranda Rights in the United States, this post looks at a recent decision of the UK’s highest court and asks whether the Common Law world is attempting to re-define the importance which we have historically placed upon the Rule Against Self-Incrimination.
Nov 15
Despite Hank Skinner’s win in the high court last March, this week he once again faced death after his execution was scheduled for last Wednesday. Why is it that an accused defendant or convicted inmate can be denied the right to test to crime scene DNA against his own when a prosecutor enjoys the full privilege of determining if and when to test the evidence?
Nov 14
The American system of corporate governance is one that privileges management’s interests at the expense of other actors. The current corporate form has played a role in producing some of the elements creating dramatic imbalances in our economy, such as excessive risk-taking, stagnating wages, and the spike in executive compensation. However, there are alternatives that can address failings of the existing system.
Nov 11
This Tuesday, Oregon employed iPads for use in a special election to replace Representative David Wu. The state, which allows voting by mail-in ballot, offered this new method to disabled voters, who were aided by a touch screen ballot and the ability to connect the iPad to personal devices via Bluetooth. After using the iPad to more easily read and mark the ballot, it is printed out and mailed in to be counted alongside other ballots. While this effort was only a test run used by 89 voters, the program was viewed as successful, and is likely to be used again in the state in the future.
A Harvard Law School Student Journal
© 2012 Copyright The President and Fellows of Harvard College.