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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
American University Law Review
No abstract provided.
Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel
Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel
American University Law Review
No abstract provided.
The Problems With The Reporter's Privilege, Eliason D. Eliason
The Problems With The Reporter's Privilege, Eliason D. Eliason
American University Law Review
No abstract provided.
Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen
Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen
American University Law Review
No abstract provided.
Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review
Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review
American University Law Review
No abstract provided.
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
American University Law Review
No abstract provided.
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
American University Law Review
No abstract provided.
The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck
The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck
American University Law Review
Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies - and to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be? As this Essay suggests, because of the broad language …
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
American University Law Review
Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …
Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist
American University Law Review
No abstract provided.
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
American University Law Review
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
American University Law Review
This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
American University Law Review
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …
Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt
Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt
American University Law Review
No abstract provided.
Extraordinary Rendition: The Price Of Secrecy, Louis Fisher
Extraordinary Rendition: The Price Of Secrecy, Louis Fisher
American University Law Review
No abstract provided.