Joe Ross

Links and articles on law and tech

Showing posts tagged Temple Law

Temple Law Professor Peter Spirio discusses immigration reform on WHYY

I took and very much enjoyed Professor Spiro’s immigration law class at Temple Law. His firm grasp on the material allows him to speak about complex immigration issues with insights anyone can appreciate. It’s definitely worth a listen.

So much so, in fact, that I’m breaking with my text-only tradition here at Constant & Endless to embed the sound file below. If it doesn’t work in this page, just click the link at the top of this post for the WHYY page.

Read more about Professor Spiro at the Temple Law website.

Why I Chose Temple Law

I originally posted this to one of my old blogs, The Rotten Word, in April 2009. I wanted to publish it here as well because I plan to write a follow-up soon, having graduated in January of this year. Many thanks to Philadelphia litigator Max Kennerly for his advice and kind words about this post when it first ran. Also, this post by my Temple law classmate and friend Kishwer Vikaas Barrica was humbling, so thanks to her too!

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Nebraska court strikes down restrictions on internet use for sex offenders on free speech grounds

Professor David Post of Temple Law served as an expert for the plaintiffs — yes, sex offenders — in this case. His focus, as he points out in his Volokh Conspiracy post, was on the overbroad nature of the statute barring internet use by sex offenders, which he believes, and the United States District Court for the District of Nebraska agreed, was beyond what the First Amendment allows.

Your first thought might be “who cares about a sex offender’s free speech rights?”

The answer, of course, is that the Constitution cares, particularly after they have served prison time and otherwise complied with constitutionally sound penalties for their crimes.

The core of the court’s holding lies in the following passage:

The ban not only restricts the exchange of text between adults; it also restricts the exchange of oral and video communication between adults. Moreover, the ban potentially restricts the targeted offenders from communicating with hundreds of millions and perhaps billions of adults and their companies despite the fact that the communication has nothing whatsoever to do with minors.1

This looks to me like a well-meaning statute, meant to keep sex offenders away from kids online, that was very poorly drafted. You could achieve the desired goal using far narrower provisions. I hope someone proposes a corrected statute to that effect.

  1. The decision, filed on October 17, is not yet “reported,” but it can be accessed by those with Westlaw access using the cite Doe v. Nebraska, 8:09CV456, 2012 WL 4923131 (D. Neb. 2012), and Professor Post also uploaded a PDF here

US Is Bleeding High-Skilled Immigrants

Gregory Ferenstein, writing at TechCrunch about Vivek Wadhwa’s latest research:

Nearly a quarter (24.3 percent) of engineering and technology companies had at least one foreign-born founder; in Silicon Valley, it’s nearly half (43.9 percent). Nationwide, they’ve helped employ more than half a million workers (560,000) who contributed $63 billion in sales just in 2012.

Those numbers demand superlatives: they’re staggering. The common assumption is that immigrants do jobs US citizens don’t want to do. This research would seem to turn those assumptions upside-down: immigrants often do jobs for which US policy, educational institutions, and deeply-ingrained social strictures simply leave our young people unprepared.

My Citizenship and Immigration class meets twice weekly, on Monday and Wednesday evenings. It really is a fascinating class, and offers a broadened perspective on a hot political issue this election season.

One thing I’ve learned from Professor Peter Spiro (of Opinio Juris and much scholarship), and from research like Mr. Wadhwa’s, is that immigration policy is not as amenable to applause-worthy one-liners as political candidates would prefer it to be.

The angle on Mr. Wadhwa’s recent research, and Mr. Ferenstein’s TechCrunch post, is that immigrant participation in US entrepreneurialism may have peaked already. I wonder, not cynically or rhetorically, but genuinely wonder, whether the US will be able to replace them with adequately-inspired and prepared citizens of its own, and whether the nation wouldn’t benefit from incentivizing continued and increased opportunities for citizens and immigrants alike.

I don’t know what that policy direction should look like, but I think it’s worth thinking, and most importantly, talking about.

Temple Law Profs Feed

I used Yahoo Pipes to make a feed that unites all posts by Temple profs writing at their various law blogs. The feed still needs some work, specifically to ensure that the author name, and preferably the name of the blog at which they’re writing, is published in every entry. But overall I’m very happy with it.

I didn’t get permission from them or from their respective blogs, but since the stuff is posted publicly, all the content in my united feed is available freely in each separate feed, and all the entries in my united feed link directly out to the source posts, I don’t see why anyone would object.

But, of course, if anyone does object, I’ll remove them from the feed immediately. In fact, at any point in time, and without warning, I may need to delete the feed altogether, so consider yourselves warned.

For now, though, it’s a convenient way to follow what interests Temple Law professors on a day-to-day basis, particularly with regard to current events in their respective areas of expertise.

So, here’s the feed, and here’s the Yahoo Pipes URL so you can see how I did it.