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Public Law From The Bottom Up, William N. Eskridge Jr.
Public Law From The Bottom Up, William N. Eskridge Jr.
West Virginia Law Review
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
A Heterodox Catechism, Paul Campos
Affirmative Action And Judicial Incoherence, Robert C. Power
Affirmative Action And Judicial Incoherence, Robert C. Power
Robert C Power
No abstract provided.