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Daily Archives: August 13, 2016

How Oliver Wendell Holmes Changed His Mind – And Changed the History of Free Speech in America

Cameron, Jamie, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed the History of Free Speech in America, by Thomas Healy (August 10, 2016). Osgoode Legal Studies Research Paper No. 65/2016. Available for download at SSRN: http://ssrn.com/abstract=2821109

“Thomas Healy’s The Great Dissent re-treads the familiar story of US Supreme Court Justice Holmes’s First Amendment conversion between March and November 1919, when he launched his marketplace of ideas theory and strong-form version of the clear and present danger doctrine. Healy’s book demonstrates that fresh perspectives on this vital and ever-intriguing change of mind or transformation on Holmes’s part remain possible. The review offers its own perspective by highlighting the process of “reverse mentoring” which took place, in which the older jurist was mentored on free speech issues by the emerging thought leaders of the day – Laski, Frankfurter, Chafee – and showing how Justice Holmes’s landmark dissent in Abrams was nonetheless and indisputably a product of his own jurisprudential ingenuity.”

The Federal Circuit Rules on Trademarks Considered Offensive

CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading

MEPs back plans to pool policing of EU external borders

“Plans to set up an EU border control system, bringing together the EU’s Frontex border agency and national border management authorities, were endorsed by MEPs (Members of the European Parliament) on Wednesday (August 10, 2016). Under these plans, national authorities will still manage their borders on a day-to-day basis but, if their EU external borders… Continue Reading

Unprecedented mass hack of Democratic members of Congress

PCWorld: “The hacker who claims to have breached the Democratic National Committee’s computers is now taking credit for hacking confidential files from a related campaign group. Guccifer 2.0 alleged on Friday that he also attacked the servers of the Democractic Congressional Campaign Committee (DCCC). He posted some of the purported files on his blog, and… Continue Reading

2016 Olympics and Phelpsface – Influence of Manipulated Facial Expression on Stress Response

Grin and Bear It The Influence of Manipulated Facial Expression on the Stress Response – Tara L. Kraft and Sarah D. Pressman Abstract – “In the study reported here, we investigated whether covertly manipulating positive facial expressions would influence cardiovascular and affective responses to stress. Participants (N = 170) naive to the purpose of the… Continue Reading