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UNBELIEVABLE: Harvard law review - The Untold Story

Trump administration to investigate Harvard Law Review for ‘race-based discrimination’

Education department claims that article selection process ‘appears to pick winners and losers on the basis of race’

The Guardian - US

Free Speech and Private Power: Restraints on Government Officials Moderating Online Content Following Lindke

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Restraints on Government Officials Moderating Online Content Following Lindke appeared first on Reason.com.

Reason

Free Speech and Private Power: Uncertainty About Disclosure Rules

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Uncertainty About Disclosure Rules appeared first on Reason.com.

Reason

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Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al)

I am happy to publish this guest post from my frequent co-author Seth Barrett Tillman, which is cross-posted at Seth's… The post Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al) appeared first on Reason.com.

Reason

Free Speech and Private Power: No Decision About Speaker- and Content-Based Protections

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: No Decision About Speaker- and Content-Based Protections appeared first on Reason.com.

Reason

Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules appeared first on Reason.com.

Reason

Free Speech and Private Power: No Categorical Right to Control Property

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: No Categorical Right to Control Property appeared first on Reason.com.

Reason

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Free Speech and Private Power: The Right to "Present[] a Curated Compilation of Speech"

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard… The post Free Speech and Private Power: The Right to "Present[] a Curated Compilation of Speech" appeared first on Reason.com.

Reason

"Free Speech and Private Power"

I have a short essay with this title in the Harvard Law Review Forum, responding to the Harvard Law Review's… The post "Free Speech and Private Power" appeared first on Reason.com.

Reason

Slippery Slope Arguments: Conclusion

[For the last month, I've been serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope, and I'm finishing it up this week.] Sandra Starr, vice chairwoman of the Princeton Regional Health Commission …, said there is no "slippery slope" toward a total ban on smoking in…

Reason

Slippery Slope Arguments and the Role of Ideological Advocacy Groups

[For the last month, I've been serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope, and I'm finishing it up this week.] Being aware of the slippery slope mechanisms can help counter them: such awareness may help prevent the initial decision A that might set the…

Reason

Reacting to the Possibility of Slippage—The Slippery Slope Inefficiency and the Ad Hominem Heuristic

[For the last month, I've been serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope, and I'm finishing it up this week.] As with other slippery slopes, the danger of a political momentum slippery slope creates a social inefficiency: the socially optimal outcome might be A,…

Reason

Political Momentum Slippery Slopes

[For the last month, I've been serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope, and I'm finishing it up this week.] Following the passage of the Brady Bill by the House of Representatives in 1991, the pro-gun-control movement was jubilant, not only savoring its victory…

Reason

Types of Political Power Slippery Slopes

[Last month, I've been serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope, and I'm finishing it up at the start of this month.] Decision A may change the political balance in several different ways. [1.] Decisions to change the voting rules (such as rules related…

Reason

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Political Power Slippery Slopes: Some Examples

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Assume that the Supreme Court holds that Congress may legalize marijuana but ban marijuana ads, notwithstanding the commercial speech doctrine. Now Congress can enact a law that allows marijuana sales but not advertising (decision…

Reason

Judicial-Judicial Small Change Tolerance Slippery Slopes and the Extension of Precedent

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Just as precedents can be extended beyond their original terms through equality slippery slopes and attitude-altering slippery slopes, they can also be extended through small change tolerance slippery slopes. Legal rules are often unavoidably…

Reason

Small Change Tolerance Slippery Slopes and the Desire to Avoid Seeming Extremist or Petty

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Say you care little about the .50-caliber rifle ban, but your neighbor strongly supports or opposes it. His vote in the election, he says, will be influenced by the candidates' views on the ban,…

Reason

Small Change Tolerance Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Libertarians often tell the parable of the frog. If a frog is dropped into hot water, it supposedly jumps out. But if a frog is put into cold water that is then heated, the…

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Reason

The Erroneous Evaluation Slippery Slope

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Experience with a policy can change people's empirical judgments about policies of that sort, and this can of course be good. Sometimes, though, people learn the wrong lesson, because they err in evaluating an…

Reason

Judicial-Judicial Attitude-Altering Slippery Slopes and the Extension of Precedent

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Judges to some extent tend to be reluctant to rely on their own moral or practical judgments. This tendency shouldn't be overstated, but neither should it be ignored. Thus, judges may defer to policy…

Reason

Attitude-Altering Slippery Slopes: Just What Will People Infer from Past Decisions?, Continued

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] From Aggregates of Legislative or Judicial Decisions.—So far, the discussion has focused on the principles that people may draw from one statute or case. But people who are applying the is-ought heuristic often look…

Reason

Attitude-Altering Slippery Slopes: Just What Will People Infer from Past Decisions?

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] From Legislative Decisions.—So far, I have argued that a legal rule may change some people's attitudes: People may apply the is-ought heuristic and conclude that if the rule exists, its underlying justifications are probably…

Reason

Attitude-Altering Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] "[T]he assault weapons ban is a symbolic—purely symbolic—move in [the] direction [of disarming the citizenry]," wrote columnist Charles Krauthammer, a proponent of a total gun ban. "Its only real justification is not to reduce…

Reason

Hidden Slippery Slope Risk and the Ad Hominem Heuristic

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] The discussion above has assumed that we know up front the preferences people have among positions 0, A, and B. But sometimes B might not even be considered at first, and the apparent choice…

Reason

Administration Cost Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] An intermediate position A might also be untenable if it is burdensome to administer. One obvious burden might be the effort required to make and review decisions under a nuanced, fact-intensive rule: for instance,…

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