October 14, 2009
Free speech battle pits mom vs. Web
Since there have been relatively few cases like this in U.S. courts, University of Notre Dame law professor Patricia Bellia said there is a strong probability the court proceeding will become an important part of emerging case law.
“Recent court rulings have tended to side with anonymous posters and against those who want their identities revealed, Bellia said. And judges are more likely to set a higher threshold when ruling on identifying anonymous sources in newspaper stories, although in this case the newspaper was merely hosting an online forum, not providing the content, Bellia said.”
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How to go after corporate fraud:
“Notre Dame Law School Prof. Lisa Casey has some advice for obtaining justice in the latest corporate crime wave: Don’t wait for the Supreme Court.
“The Obama administration has made prosecuting fraud a top priority in the aftermath of last year’s financial crisis, she says, though few cases have been brought so far.
“One way Congress could help, she writes in a new research paper, is by specifically criminalizing fraud on the board of directors. As it stands, top executives lying to the board of their public companies are not necessarily covered by securities fraud or other statutes.”
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