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Using Social Media In Rulemaking: Possibilities And Barriers, Michael E. Herz Nov 2013

Using Social Media In Rulemaking: Possibilities And Barriers, Michael E. Herz

Online Publications

“Web 2.0” is characterized by interaction, collaboration, non-static web sites, use of social media, and creation of user-generated content. In theory, these Web 2.0 tools can be harnessed not only in the private sphere but as tools for an e-topia of citizen engagement and participatory democracy. Notice-and-comment rulemaking is the pre-digital government process that most approached (while still falling far short of) the e-topian vision of public participation in deliberative governance. The notice-and-comment process for federal agency rulemaking has now changed from a paper process to an electronic one. Expectations for this switch were high; many anticipated a revolution that …


Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman Sep 2013

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education LEWIS M. WASSERMAN Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …


Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman Aug 2013

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education Lewis M. Wasserman Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …


The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas Apr 2013

The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup Apr 2013

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger Apr 2013

Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune Apr 2013

Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi Feb 2013

“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi

Lili Levi

For almost a century, American broadcasting has received a lesser degree of constitutional protection than the print medium. Although many of the FCC’s regulations in “the public interest” have been upheld against First Amendment challenge on the ground that broadcasting is exceptional, the traditional reasons given for such exceptionalism – scarcity and pervasiveness – have become increasingly careworn. Fighting that consensus, the FCC has aggressively pursued the regulation of indecency on radio and television since 2003. When the FCC’s enhanced indecency prohibitions swept up U2 front-man Bono’s fleeting expletive on a music awards show, broadcasters finally thought they had found …


Speech And The Self-Governance Value, Brian C. Murchison Jan 2013

Speech And The Self-Governance Value, Brian C. Murchison

Brian C. Murchison

No abstract provided.


Anonymous Speech On The Internet, Brian C. Murchison Dec 2012

Anonymous Speech On The Internet, Brian C. Murchison

Brian C. Murchison

No abstract provided.