Law in the Headlines: Exploring Current Legal
Controversies - Winter 2023
Course Description: It seems sometimes that high-profile legal
controversies are almost a daily occurrence now, making them
lead stories in the news. Among them are developments in efforts
to hold Donald Trump accountable for his actions, high-profile
cases before the Supreme Court, and the growing number culture
war issues dividing red and blue states, such as religion and
education, as well as many other legal disputes. This course
will examine how each side is presenting its case in some
important legal controversies. Students have an opportunity to
make suggestions for topics that they would like to have
discussed in upcoming classes. Please use the following link if
you would like to make suggestions for topics you would like
covered in upcoming classes:
http://www.lharpaz.com/ContinuingEd/CLL/2023suggestions/
Class 8 - Mar. 2, 2023
Anti-Terrorism Act: Civil Remedies
(a) Action and Jurisdiction.—
Any national of the United States injured in his or her person,
property, or business by reason of an act of international
terrorism, or his or her estate, survivors, or heirs, may sue
therefor in any appropriate district court of the United States
and shall recover threefold the damages he or she sustains and
the cost of the suit, including attorney’s fees.
. . . .
(2) Liability.—
In an action under subsection (a) for an injury arising from an
act of international terrorism committed, planned, or authorized
by an organization that had been designated as a foreign
terrorist organization . . . liability may be asserted as to any
person who aids and abets, by knowingly providing substantial
assistance, or who conspires with the person who committed such
an act of international terrorism.
Section 230 of
the Communications Decency Act of 1996
47 U.S.C. § 230 - Protection for Private Blocking and
Screening of Offensive Material
(a) Findings
The Congress finds the following:
(1) The
rapidly developing array of Internet and other interactive
computer services available to individual Americans
represent an extraordinary advance in the availability of
educational and informational resources to our citizens.
(2) These
services offer users a great degree of control over the
information that they receive, as well as the potential for
even greater control in the future as technology develops.
(3) The
Internet and other interactive computer services offer a
forum for a true diversity of political discourse, unique
opportunities for cultural development, and myriad avenues
for intellectual activity.
(4) The
Internet and other interactive computer services have
flourished, to the benefit of all Americans, with a minimum
of government regulation.
(5)
Increasingly Americans are relying on interactive media for
a variety of political, educational, cultural, and
entertainment services.
(b) Policy
It is the policy of the United States
(1) to
promote the continued development of the Internet and other
interactive computer services and other interactive media;
(2) to
preserve the vibrant and competitive free market that
presently exists for the Internet and other interactive
computer services, unfettered by Federal or State
regulation;
(3) to
encourage the development of technologies which maximize
user control over what information is received by
individuals, families, and schools who use the Internet and
other interactive computer services;
(4) to
remove disincentives for the development and utilization of
blocking and filtering technologies that empower parents to
restrict their childrens access to objectionable or
inappropriate online material; and
(5) to
ensure vigorous enforcement of Federal criminal laws to
deter and punish trafficking in obscenity, stalking, and
harassment by means of computer.
(c) Protection for Good Samaritan blocking and screening of
offensive material
(1)
Treatment of publisher or speaker
No provider or user of an interactive computer service shall
be treated as the publisher or speaker of any information
provided by another information content provider.
(2) Civil
liability
No provider or user of an interactive computer service shall
be held liable on account of
(A) any
action voluntarily taken in good faith to restrict access to
or availability of material that the provider or user
considers to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable,
whether or not such material is constitutionally protected;
or
(B) any
action taken to enable or make available to information
content providers or others the technical means to restrict
access to material described in paragraph (1).{This
reference to paragraph (1) should probably be a reference to
paragraph (A).}
(d) Obligations of interactive computer service
A provider of interactive computer service shall, at the
time of entering an agreement with a customer for the
provision of interactive computer service and in a manner
deemed appropriate by the provider, notify such customer
that parental control protections (such as computer
hardware, software, or filtering services) are commercially
available that may assist the customer in limiting access to
material that is harmful to minors. Such notice shall
identify, or provide the customer with access to information
identifying, current providers of such protections.
(e) Effect on other laws
(1) No
effect on criminal law
Nothing in this section shall be construed to impair the
enforcement of section 223 or 231 of this title, chapter 71
(relating to obscenity) or 110 (relating to sexual
exploitation of children) of title 18, or any other Federal
criminal statute.
(2) No
effect on intellectual property law
Nothing in this section shall be construed to limit or
expand any law pertaining to intellectual property.
(3) State
law
Nothing in this section shall be construed to prevent any
State from enforcing any State law that is consistent with
this section. No cause of action may be brought and no
liability may be imposed under any State or local law that
is inconsistent with this section.
(4) No
effect on communications privacy law
Nothing in this section shall be construed to limit the
application of the Electronic Communications Privacy Act of
1986 or any of the amendments made by such Act, or any
similar State law.
(f) Definitions
As used in this section:
(1) Internet
The term Internet means the international computer network
of both Federal and non-Federal interoperable packet
switched data networks.
(2)
Interactive computer service
The term interactive computer service means any information
service, system, or access software provider that provides
or enables computer access by multiple users to a computer
server, including specifically a service or system that
provides access to the Internet and such systems operated or
services offered by libraries or educational institutions.
(3)
Information content provider
The term information content provider means any person or
entity that is responsible, in whole or in part, for the
creation or development of information provided through the
Internet or any other interactive computer service.
(4) Access
software provider
The term access software provider means a provider of
software (including client or server software), or enabling
tools that do any one or more of the following:
(A) filter,
screen, allow, or disallow content;
(B) pick,
choose, analyze, or digest content; or
(C)
transmit, receive, display, forward, cache, search, subset,
organize, reorganize, or translate content.
Appointments Clause, Article II, Section II:
“He shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided
for, and which shall be established by Law: but the Congress
may by Law vest the Appointment of such inferior Officers,
as they think proper, in the President alone, in the Courts
of Law, or in the Heads of Departments.”
Vesting Clause, Article II, Section I:
"The executive power shall be vested in a President of the
United States."
Art. I, Sec. 5:
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members,and a
Majority of each shall constitute a Quorum to do Business;
but a smaller Number may adjourn from day to day, and may
be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House may
provide.
Each House may determine the
Rules of its Proceedings, punish its Members for disorderly Behaviour,
and, with the Concurrence of two thirds, expel a Member.
Class 7 - Feb. 23, 2023
Art. I, Sec. 4:
"The Times, Places and
Manner of holding
Elections for Senators and
Representatives, shall be
prescribed in each State
by the Legislature
thereof; but the Congress
may at any time by Law
make or alter such
Regulations, except as to
the Place of choosing
Senators."
New
York
Constitution,
Art VI, Sec.
2(e):
"The governor
shall appoint,
with
the advice and
consent of the
senate,
from among
those
recommended by
the judicial
nominating
commission, a
person to fill
the office of
chief judge or
associate
judge, as the
case may be,
whenever a
vacancy occurs
in the court
of appeals;
provided,
however, that
no person may
be appointed a
judge of the
court of
appeals unless
such person is
a resident of
the state and
has been
admitted to
the practice
of law in this
state for at
least ten
years. The
governor shall
transmit to
the senate the
written report
of the
commission on
judicial
nomination
relating to
the nominee."
New
York
Constitution,
Art VI, Sec.
2(f):
When
a vacancy
occurs in the
office of
chief judge or
associate
judge of the
court of
appeals and
the senate is
not in session
to give its
advice and
consent to an
appointment to
fill the
vacancy, the
governor shall
fill the
vacancy by
interim
appointment
upon the
recommendation
of a
commission on
judicial
nomination as
provided in
this section.
An interim
appointment
shall continue
until the
senate shall
pass upon the
governor's
selection. If
the senate
confirms an
appointment,
the judge
shall serve a
term as
provided in
subdivision a
of this
section
commencing
from the date
of his or her
interim
appointment. If
the senate
rejects an
appointment, a
vacancy in the
office shall
occur sixty
days after
such
rejection. If
an interim
appointment to
the court of
appeals be
made from
among the
justices of
the supreme
court or the
appellate
divisions
thereof, that
appointment
shall not
affect the
justice's
existing
office, nor
create a
vacancy in the
supreme court,
or the
appellate
division
thereof,
unless such
appointment is
confirmed by
the senate and
the appointee
shall assume
such office.
If an interim
appointment of
chief judge of
the court of
appeals be
made from
among the
associate
judges, an
interim
appointment of
associate
judge shall be
made in like
manner; in
such case, the
appointment as
chief judge
shall not
affect the
existing
office of
associate
judge, unless
such
appointment as
chief judge is
confirmed by
the senate and
the appointee
shall assume
such office.
Anti-Terrorism
Act:
"In an action
for an injury
arising from
an act of
international
terrorism
committed,
planned, or
authorized by
an
organization
that had been
designated as
a foreign
terrorist
organization .
. . liability
may be
asserted as to
any person who
aids and
abets, by
knowingly
providing
substantial
assistance, or
who conspires
with the
person who
committed such
an act of
international
terrorism."
Class 6 - Feb.
16, 2023
Bloomingdale's Font
Groomingdale's Font
Art.
I, Sec. 4:
"The Times,
Places and
Manner of
holding
Elections for
Senators and
Representatives,
shall be
prescribed in
each State by
the
Legislature
thereof; but
the Congress
may at any
time by Law
make or alter
such
Regulations,
except as to
the Place of
choosing
Senators."
New York
Constitution,
Art VI, Sec.
2:
"The governor
shall appoint,
with the
advice and
consent of the
senate, from
among those
recommended by
the judicial
nominating
commission, a
person to fill
the office of
chief judge or
associate
judge, as the
case may be,
whenever a
vacancy occurs
in the court
of appeals;
provided,
however, that
no person may
be appointed a
judge of the
court of
appeals unless
such person is
a resident of
the state and
has been
admitted to
the practice
of law in this
state for at
least ten
years. The
governor shall
transmit to
the senate the
written report
of the
commission on
judicial
nomination
relating to
the nominee."
Class 5 - Feb.
9, 2023
United
States
Constitution,
Art. I, Sec.
8:
The Congress
shall have
Power ...To
promote the
Progress of
Science and
useful Arts,
by securing
for limited
Tımes to
Authors and
Inventors the
exclusive
Right to their
respective
Writings and
Discoveries.
§107 ·
Limitations on
exclusive
rights: Fair
use
Notwithstanding
the provisions
of sections
106 and 106A,
the fair use
of a
copyrighted
work,
including such
use by
reproduction
in copies or
phonorecords
or by any
other means
specified by
that section,
for purposes
such as
criticism,
comment, news
reporting,
teaching
(including
multiple
copies for
classroom
use),
scholarship,
or research,
is not an
infringement
of copyright.
In determining
whether the
use made of a
work in any
particular
case is a fair
use the
factors to be
considered
shall include—
(1) the
purpose and
character of
the use,
including
whether such
use is of a
commercial
nature or is
for nonprofit
educational
purposes;
(2) the nature
of the
copyrighted
work;
(3) the amount
and
substantiality
of the portion
used in
relation to
the
copyrighted
work as a
whole; and
(4) the effect
of the use
upon the
potential
market for or
value of the
copyrighted
work.
The fact that
a work is
unpublished
shall not
itself bar a
finding of
fair use if
such finding
is made upon
consideration
of all the
above factors.
Goldsmith
Photo of
Prince
Goldsmith
Photo and
Warhol Images
Goldsmith
Photo and
Warhol Orange
Image
Jack
Daniel's
Whiskey Bottle
and Bad
Spaniels Dog
Toy
Hustler Magazine
v. Falwell -
Campari Ad -
Full Ad
Hustler
Magazine v.
Falwell -
Campari Ad -
Close Up of
Some Text
Class 4 - Feb.
2, 2023
14th
Amendment,
Sec. 4:
"The
validity of
the public
debt of the
United States,
authorized by
law, including
debts incurred
for payment of
pensions and
bounties for
services in
suppressing
insurrection
or rebellion,
shall not be
questioned.
But neither
the United
States nor any
State shall
assume or pay
any debt or
obligation
incurred in
aid of
insurrection
or rebellion
against the
United States,
or any claim
for the loss
or
emancipation
of any slave;
but all such
debts,
obligations
and claims
shall be held
illegal and
void."
Link to text of 14th Amendment,
Section 4
§107
· Limitations
on exclusive
rights: Fair
use
Notwithstanding
the provisions
of sections
106 and 106A,
the fair use
of a
copyrighted
work,
including such
use by
reproduction
in copies or
phonorecords
or by any
other means
specified by
that section,
for purposes
such as
criticism,
comment, news
reporting,
teaching
(including
multiple
copies for
classroom
use),
scholarship,
or research,
is not an
infringement
of copyright.
In determining
whether the
use made of a
work in any
particular
case is a fair
use the
factors to be
considered
shall include—
(1) the
purpose and
character of
the use,
including
whether such
use is of a
commercial
nature or is
for nonprofit
educational
purposes;
(2) the nature
of the
copyrighted
work;
(3) the amount
and
substantiality
of the portion
used in
relation to
the
copyrighted
work as a
whole; and
(4) the effect
of the use
upon the
potential
market for or
value of the
copyrighted
work.
The fact that
a work is
unpublished
shall not
itself bar a
finding of
fair use if
such finding
is made upon
consideration
of all the
above factors.
Goldsmith
Photo of
Prince
Goldsmith
Photo and
Warhol Images
Goldsmith
Photo and
Warhol Orange
Image
Class 3 - Jan.
26, 2023
South Carolina
Constitution,
Art
I, § 10:
"The right of
the people to
be secure in
their persons,
houses,
papers, and
effects
against
unreasonable
searches and
seizures and
unreasonable
invasions of
privacy shall
not be
violated . . .
."
Art. III,
Section 1:
"The judicial
power of the
United States,
shall be
vested in one
Supreme Court,
and in such
inferior
courts as the
Congress may
from time to
time ordain
and establish.
The judges,
both of the
supreme and
inferior
courts, shall
hold their
offices during
good
behaviour, and
shall, at
stated times,
receive for
their
services, a
compensation,
which shall
not be
diminished
during their
continuance in
office."
Class 2 - Jan.
19, 2023
Art.
I, Sec. 4:
"The Times,
Places and
Manner of
holding
Elections for
Senators and
Representatives,
shall be
prescribed in
each State by
the
Legislature
thereof; but
the Congress
may at any
time by Law
make or alter
such
Regulations,
except as to
the Place of
choosing
Senators."
Art. I, Sec.
1, Cl. 2:
"Each State
shall appoint,
in such Manner
as the
Legislature
thereof may
direct, a
Number of
Electors,
equal to the
whole Number
of Senators
and
Representatives
to which the
State may be
entitled in
the Congress:
but no Senator
or
Representative,
or Person
holding an
Office of
Trust or
Profit under
the United
States, shall
be appointed
an Elector."
Class 1 - Jan.
12, 2023
Appointments
Clause,
Article II,
Section II:
“He shall have
Power, by and
with the
Advice and
Consent of the
Senate, to
make Treaties,
provided two
thirds of the
Senators
present
concur; and he
shall
nominate, and
by and with
the Advice and
Consent of the
Senate, shall
appoint
Ambassadors,
other public
Ministers and
Consuls,
Judges of the
supreme Court,
and all other
Officers of
the United
States, whose
Appointments
are not herein
otherwise
provided for,
and which
shall be
established by
Law: but the
Congress may
by Law vest
the
Appointment of
such inferior
Officers, as
they think
proper, in the
President
alone, in the
Courts of Law,
or in the
Heads of
Departments.”
Vesting
Clause,
Article II,
Section I:
"The executive
power shall be
vested in a
President of
the United
States."