Digital Commons Network^™

Handcuffing Speech: Federal Fraud Statutes And The Criminalization Of Advertising, Carmen Maye

Theses and Dissertations

The potential criminalization of deceptive advertising implicates the adequacy of regulatory oversight by the Federal Trade Commission (FTC) and the proper balance between the free flow of information and the Government’s role in consumer protection. Is there a need for, and room for, both FTC and Department of Justice (DOJ) oversight on the deceptive advertising front? These issues have ramifications for the courts, who bear the burden of adjudicating challenged applications of that policy, and also for the orderly functioning of government, which must accommodate the convergence of competing interests and divisions of authority.

Many fraudulent schemes are perpetuated without …

Occupy Mall Street? How The Court Conditioned Public Space Where People Go, Anthony Maniscalco

Dissertations, Theses, and Capstone Projects

This thesis explores the tension between practicable space and property rights. That tension has frequently animated legal contests over political expression in privately owned, publicly accessible marketplaces in the United States. Do American marketplaces function as marketplaces of ideas? Should they? In order to examine those questions, I survey the Supreme Court's considerations of expressive activity on public and commercial property, in particular, shopping centers. I begin by developing indications of public space, as well as noting the challenges for civic inclusion within the modern political sphere. Next, I survey historical practices of public space within (Western) marketplaces. Those practices …

Leadership Bias: The Case Of The Cherokee Freedmen, Kristi Barnett Williams

LSU Master's Theses

Journalists inform residents living on or near Native American reservations about key policy issues. Since most tribal councils own and operate their news outlets, retaliation towards journalists working for the tribe is a real concern if the leadership does not appreciate the message. In response to the threat of retaliation, some tribes, like the Cherokee Nation, have legal protections for journalists. The Cherokee Nation’s newspaper, the Cherokee Phoenix, operates under the guidelines of the Cherokee Independent Press Act (CIPA) originally passed in 2000 and amended in 2009. CIPA was the first of its kind in Indian Country. This thesis analyzes …