EXPERTS IN THE NEWS: Pulse Victims, Revenge Porn, Arbitration, & Trump’s Many Houses

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Survivors of Orlando Massacre Sue Gunman’s Widow and His Employer I The Wall Street Journal

Stephen Halpert, a law professor at the University of Miami, said the plaintiffs face “a steep climb” in establishing that G4S committed a breach of duty. One key question, he said, is “whether there’s a duty at all to the general public to intercede somehow with awareness that some employee with a concealed weapons permit presents a danger to the community.”

On the other hand, the case against Ms. Salman “may be factually strong…but the problem is she’s going to have no assets,” Mr. Halpert said.

Revenge Porn: When Domestic Violence Goes Viral I SELF

“There’s a sense that this is bad, what people are doing, but it’s not related to domestic violence,” Mary Anne Franks, J.D., a professor at the University of Miami School of Law and the vice president of the Cyber Civil Rights Initiative (CCRI), tells SELF. “Domestic violence sounds like a serious thing, and sharing pictures doesn’t always sound serious to people. But these things can’t be separated—nonconsensual pornography is becoming one of the most common ways to try to control and intimidate a partner.”

“If we think of domestic violence as including not just physical acts but also psychological ones, you could say that the disclosure of these images—when done by a partner or ex-partner—is basically always some form of domestic violence,” Franks says.

‘Our Society’s Deep Sexual Dysfunction’: Why It’s So Hard to Stop Revenge Porn I VICE

Mary Anne Franks, the vice president and legislative and tech policy director of Cyber Civil Rights Institute, believes that this issue illuminates the fact that our culture is deeply conflicted about female sexuality: "The fact that 'revenge porn' exists at all, and that there is an entire industry dedicated to it and large numbers of people defending it, is a sign of our society's deep sexual dysfunction," she tells Broadly.

She believes that using a person's expression of their sexuality as a form of punishment and exploitation needs to be unacceptable, and that "until those underlying social attitudes change, we cannot defeat nonconsensual pornography." The promulgation of legislation criminalizing this conduct, heightened awareness of these laws, and strong social media policies have made some headway thus far. However, Ms. Franks' comments cut at the core of every revenge porn case: Only a strong shift in cultural attitudes around sexuality will bolster the fight against revenge porn. Legally and culturally, you could say, the United States still has a ways to go.

Paulsson revives debate about party-appointed arbitrators I Global Arbitration Review

In light of a recent dissent in an ICSID case against Costa Rica, Jan Paulsson has revived the question of whether the arbitral community should consider “moderating [its] love of unilaterally appointed arbitrators” – and proposed that the presiding arbitrator play a role in the appointment of tribunal members.

Speaking at the International Institute for Conflict Prevention & Resolution’s annual conference in Coral Gables, Florida, last week, Paulsson once again expressed his concerns about the use of party-appointed arbitrators, which he famously set out in a 2010 paper on “Moral Hazard in International Dispute Resolution” that became a major talking point in the arbitral community. 

BROADCAST HITS

Mar-a-Lago or Trump Tower: Could a federal law force Trump to choose? I WLRN

Charlton Copeland interviewed on the Presidential Protection Assistance Act.

Podcast with Michele DeStefano I Evolve Law on legal tech

Law School Professor: Ayala Represents Local Concerns Over Death Penalty I WDBO

Statement by Scott Sundby: "Local prosecutors are elected officials for very good reason – decisions over how a crime should be prosecuted is an intensely local concern reflecting a community’s values and priorities. The voters in Ayala’s circuit elected her because they decided that she represented their unique concerns. After careful and painstaking consideration, Ayala concluded that pursuing the death penalty was not an appropriate sentence in the Markeith Loyd case or as a policy for her community. Now the governor seeks to upend her role as the prosecutor for her community and impose his own policies on Orlando. The governor’s action sets a dangerous precedent by taking away the constitutional discretion that is granted to local prosecutors and disenfranchising Floridians’ from electing local officials who reflect local values. This grants a governor boundless power to interfere in local criminal-justice affairs simply because he disagrees with the prosecutor’s charging decision. These decisions need to be made locally not through an edict from Tallahassee."

CONTACT: Catharine Skipp at 305-284-9810 or cskipp@law.miami.edu