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Articles 1 - 30 of 32
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Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v.Summum that a city’s donated park monuments were government speech to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in light of the …
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
McGeorge School of Law Scholarly Articles
In 2013, the United States Supreme Court decided two major cases on marriage equality – U.S. v. Windsor and Hollingsworth v. Perry. These cases paved the way for the Court’s eventual decision in 2015, in Obergefell v. Hodges, that the Constitution requires that states permit same-sex marriage. This article analyzes those precedents for an audience of Spanish-speaking legal professionals and academics seeking to understand the basis for the Court’s decisions.
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
McGeorge School of Law Scholarly Articles
No abstract provided.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig
Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig
McGeorge School of Law Scholarly Articles
No abstract provided.
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello
California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs
Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Public Sensibilities Forum, Leslie Gielow Jacobs
The Public Sensibilities Forum, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Safeguarding Constitutional Rights: The Uses And Limits Of Prophylactic Rules, Brian K. Landsberg
Safeguarding Constitutional Rights: The Uses And Limits Of Prophylactic Rules, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Is There An Obligation To Listen?, Leslie Gielow Jacobs
Is There An Obligation To Listen?, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello
How Imperial Is The Supreme Court? An Analysis Of Supreme Court Abortion Doctrine And Popular Will, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on …
Balanced Scholarship And Racial Balance, Brian K. Landsberg
Balanced Scholarship And Racial Balance, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Federal Government And The Promise Of Brown, Brian K. Landsberg
The Federal Government And The Promise Of Brown, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.