RONALD J. KROTOSZYNSKI, JR. Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture – Not Constitutional Text – Shape the Freedom of Speech Oxford University Press, forthcoming 2024
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n Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture –Not Consitutional Text –Shape the Freedom of Speech (Oxford University Press, forthcoming 2024), Professor Ronald J. Krotoszynski, Jr. makes a provocative claim – namely, that constitutional text, or its absence, will play a very limited role in shaping the freedom of speech within a legal system. Using a comparative legal analysis, Free Speech as Civic Structure demonstrates how and why constitutional (or statutory) text has little discernible effect on how judges go about hearing and deciding free speech cases. Thus, in countries with an express constitutional provision safeguarding speech, such as the United States and South Africa, judges will pay little, if any, attention to the actual words of that text. Meanwhile, in jurisdictions that lack a constitutional provision safeguarding speech – including Australia and Israel – judges will conjure a constitutional right to freedom of expression from more general constitutional provisions on elections and voting or as a necessary aspect of democracy. Rather than hewing closely to text, judges engage in a careful and ongoing common law process of assessing what rules should apply when the government seeks to censor speech. Free speech law thus provides an excellent exemplar of how and why constitutional law often involves common law reasoning that develops legal rules over time and on interstitial basis – rather that careful adherence either to the text or its original public meaning. Pass Interference: The Interference Theory of Retaliation, Junior Faculty Forum, University of Richmond School of Law (2023).
DAIQUIRI STEELE
Assistant Professor of Law
Civil Rights Education Law Employment Discrimination Labor & Employment Legislation & Regulation Retaliation & Whistleblower Law Torts Selected Publications Enforcing Equity, 118 Nw. U. L. Rev. (2023). Rationing Retaliation Claims, 18 U.C. Irvine L. Rev. (2023). Enduring Exclusion, 120 Mich. L. Rev. 1667 (2022). Selected Presentations Pass Interference: The Interference Theory of Retaliation, Culp Colloquium, Duke University School of Law (2023).
The Frontlines of Civil Rights: An Academic Overview, Clifford & Virginia Durr Lecture Series Weekend, U.S. District Court for the Middle District of Alabama (2023).
Moderator, New & Emerging Voices in Workplace Law, AALS Section of Employment Discrimination and Section on Labor Relations & Employment Law (2023). Regulation, Retaliation & Redress, Elmer J. Schaefer Workshop Series, William & Mary Law School (2022).
What Young Lawyers Want and What Pre-Law Students Need, Alabama State Bar Young Lawyers Section (2023).
Regulation, Retaliation & Redress, Faculty Colloquium Series, University of California Hastings College of Law (2022).
Diversity in Legal Education, ABA Section of State and Local Government Law, ABA Mid-Year Meeting (2023).
Regulation, Retaliation & Redress, Faculty Colloquium Series, University of Oklahoma College of Law (2022).
Hot Topics: Whistleblower Law Updates, ABA Section of State & Local Government Law, ABA Mid-Year Meeting (2023).
Regulation, Retaliation & Redress, Junior Faculty Workshop, Ohio State University College of Law (2022).
Hot Topics: Diversity, Equity & Inclusion, Sports & Recreation Law Association Conference (2023).
Retaliation Deterrence Incentives, Works in Progress Workshop, AALS Employment Discrimination Section (2022).
Toward an Omnibus Athletics Whistleblower Statute, Sports & Recreation Law Association Conference (2023).
Retaliation Deterrence Incentives, Administrative Law Roundtable, University of Minnesota Law School (2022).
Enforcing Equity, Faculty Colloquium, St. Louis University School of Law (2023).
Rationing Retaliation Claims, Culp Colloquium, University of Chicago Law School (2022).
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