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Latest from Jotwell

Intentional falsehoods often frustrate the purposes of the Free Speech Clause. They can—and often do—undermine a healthy democracy, interfere with enlightenment and the distribution of knowledge, and frustrate listeners’ autonomous choices. At the same time, however, laws prohibiting lies often trigger First Amendment concern because of the government’s dangerous potential for regulatory abuse.In Truth and…

Unlike morality, law is, by its very nature, a social artifact. If morality is objective and consists of substantively necessary truths, those norms exist in possible worlds without intelligent beings.<a href=”https://juris.jotwell.com/positivism-natural-law-and-artifact-theory/#easy-footnote-bottom-1-3085″ title=”The concept of morality does not imply that morality is objective; it might be that morality is comprised by a set of conventional norms,…

This article, written by four distinguished Latina legal scholars, provides an analysis of the unique challenges, achievements, and potential future for Latina law professors and educators in the United States. It is framed around the 2022 Graciela Olivárez Latinas in the Legal Academy Workshop (GO LILA), which brought together 74 Latina law professors to foster…

Katherine Lee, A. Feder Cooper, & James Grimmelmann, Talkin’ ’Bout AI Generation: Copyright and the Generative-AI Supply Chain, __ J. Copyright Soc’y U.S.A. __ (forthcoming, 2024), available at SSRN (July 27, 2023).In order to understand whether generative AI may infringe copyrights, one must first have a sound grounding in the technical complexities of the “generative…

Leah Fowler, Max Helveston, & Zoë Robinson, Influencer Speech-Torts, 113 GEO. L. J. __ (forthcoming, 2025), available at SSRN (August 22, 2024).The spread of disinformation is one of the most pressing problems facing society today. Lawmakers, policymakers, and researchers have focused on how disinformation disrupts political discourse and undermines democratic processes, threatens global security…

The role of extended family in childcare has always been significant. As Stephanie Tang points out in her excellent article, Best Interests of the Child and the Expanding Family, one study (in 2021) found that nearly a quarter of Americans live in multigenerational households, while another study (from 2017) reported that roughly one third of…

Criminal law aims to hold wrongdoers accountable for the harm they cause. As Deputy Attorney General Lisa Monaco put it when delivering her 2024 White Collar Crime National Institute Address: “[a]ccountability promotes fairness, drives deterrence, and fosters respect for the rule of law.” Are prosecutors successfully holding corporate wrongdoers accountable for the crimes they…

E. Garrett West, Refining Constitutional Torts, 134 Yale L.J. __ (forthcoming 2025), available at SSRN (Aug. 11, 2023).In a bracing engagement with a constitutional tort doctrine that he rightly describes as in disarray, Garrett West offers a diagnosis and proposes a cure. The doctrine has an inconstant commitment to the history of common law tort…

In the wake of the extrajudicial murders of George Floyd and Breonna Taylor, millions protested across the U.S. and worldwide against the racial and social injustices that persist within society. The 2020 “racial reckoning” protests were the largest racial justice demonstrations in the U.S. since the Civil Rights movement of the 1950s and witnessed a…

Jotwell is taking a short Winter break. Jotting should resume on Monday, January 6, 2025.I and the Jotwell Student Editors — Andrew Ballenger, John Dennis, and Brendan P. Ramirez — all wish our readers a happier 2025.Jotwell carries no advertising, and we would like to keep it that way, so we would very much appreciate…