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Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications
From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …
The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation Enhancing Review, Gregory P. Magarian
The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation Enhancing Review, Gregory P. Magarian
Working Paper Series
No abstract provided.
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
Affirmative Inaction, Girardeau A. Spann
Affirmative Inaction, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Perhaps the most exasperating aspect of racial discrimination in the United States is the self-righteous manner in which it is practiced. After a history of facilitating white exploitation of minority interests, the Supreme Court intimated in Grutter v. Bollinger that time was running out for racial minorities to take advantage of the opportunities for equality that the culture has offered in the form of affirmative action. Justice O'Connor's majority opinion seemed to say that in another twenty-five years, the Court would cease to tolerate such special favors for racial minorities, thereby leaving minorities only a limited amount of time remaining …
Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.
Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.
Kentucky Law Journal
No abstract provided.
I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff
I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff
Articles & Book Chapters
Videoconferencing has generated ambivalence in the legal community. Some have heralded its promise of unprecedented access to justice, expecialy for geographicaly remote communities. Others, however, have questioned whether videoconferencing undermines fairness. The authors explore the impl'cations of videoconferencing through the case study of the Ontario Landlord and Tenant Tribunal, which is one of the busiest adjudicative bodies in Canada. This anaysis hig hghts concerns both with videoconferendng in princp4 and in practice. While such concerns traditionally have been the province of public administration, the authors argue that a tribunals allocation of resources and the suffidengy of its budget are also …
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Fordham Urban Law Journal
Courts have struggled to strike a balance between the interests of individuals and cities with the application of intermediate scrutiny to content-neutral time, place, and manner restrictions, and several variations have emerged. This Comment will examine the breadth of those approaches as they affect the determination of what expression triggers First Amendment protection. Ultimately, the Note will argue for a re-thinking of how courts evaluate the scope of First AMendment protection and municipal regulation of expressive activity.