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Articles 1 - 30 of 60
Full-Text Articles in Entire DC Network
Winning Wirzburger And Defeating The Blaine Amendments: Arguing Present Efficacy Instead Of Past Intent, Brendan Michael Groves
Winning Wirzburger And Defeating The Blaine Amendments: Arguing Present Efficacy Instead Of Past Intent, Brendan Michael Groves
ExpressO
The case of Wirzburger v. Galvin, currently on a writ of certiorari to the Supreme Court, may set the tone for all religious discrimination cases in the future. Massachusetts’ constitutional amendments that proscribe any citizen initiatives from either dealing with religion in general or attempting to repeal the states Blaine Amendment are at issue in the case. Petitioner’s counsel, the Becket Fund, rightly views this case as paramount in the long-march to victory over the anti-Catholic Blaine Amendments still codified in 37 state constitutions. However, they have lost almost every stage of the case.
This article argues that Wirzburger and …
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky
Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky
Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Blogging: A Journal Need Not A Journalist Make, Anne Flanagan
Blogging: A Journal Need Not A Journalist Make, Anne Flanagan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud
University of Arkansas at Little Rock Law Review
No abstract provided.
Historicizing Judicial Scrutiny, G. Edward White
Historicizing Judicial Scrutiny, G. Edward White
South Carolina Law Review
No abstract provided.
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
All Faculty Scholarship
While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …
How It Works: Sobriety Sentencing, The Constitution And Alcoholics Anonymous. A Perspective From Aa's Founding Community, Max E. Dehn
ExpressO
This paper analyzes the public health as well as constitutional issues that arise when persons are required by courts to participate in 12-step recovery programs.
Building Universal Digital Libraries: An Agenda For Copyright Reform , Hannibal B. Travis
Building Universal Digital Libraries: An Agenda For Copyright Reform , Hannibal B. Travis
ExpressO
This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world’s knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
ExpressO
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
ExpressO
Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.
This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …
Commercial Speech In The United States And Europe, Oxana Valeryevna Gassy-Wright
Commercial Speech In The United States And Europe, Oxana Valeryevna Gassy-Wright
LLM Theses and Essays
his research focuses on the protection of the commercial speech in the United States and Europe. The protection of commercial speech is regarded as one of the most controversial issues in both European and American free speech jurisprudence. The purpose of this work is to compare different approaches to the protection of the commercial speech in the American and European countries through an analysis of the decisions of the United States Supreme Court, the European Court of Human Rights and the European Court of Justice of the European Union. This analysis demonstrates that the U.S. Supreme Court gives commercial speech …
Advanced Employment Retaliation Issues, William A. Herbert
Advanced Employment Retaliation Issues, William A. Herbert
William A. Herbert
No abstract provided.
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney
Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney
University of Arkansas at Little Rock Law Review
No abstract provided.
Protecting Protected Speech: First Amendment Taxonomy And The Food And Drug Administration's Regulation Of "Enduring Materials", Daniel J. Gilman
Protecting Protected Speech: First Amendment Taxonomy And The Food And Drug Administration's Regulation Of "Enduring Materials", Daniel J. Gilman
Faculty Scholarship
Numerous comments have called upon the Food and Drug Administration (FDA) to exercise restraint in its treatment of the dissemination of “enduring materials” (e.g., textbooks, journal articles, etc.) that address off-label uses of drug or biological products. This article considers the constitutional protections that apply to enduring materials as examples of commercial speech, and questions whether such materials—even though distributed by manufacturers—might be viewed more properly as scientific speech. Four conclusions will be set forth: 1) enduring materials regarding off-label uses deserve at least as much protection as the Constitution affords commercial speech; 2) there are good reasons to think …
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
ExpressO
Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present war on terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent – the expressive activity most integral to our constitutional design. At the same time, present doctrine fails to give a clear account of why the Constitution protects expressive autonomy and when that protection properly should yield to government interests, leading to an inconsistent and unsatisfying free speech regime. In this article, Professor Magarian advocates …
Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke
Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke
Nevada Law Journal
No abstract provided.
Economic Analysis Of Freedom Of Expression, Michael Rushton
Economic Analysis Of Freedom Of Expression, Michael Rushton
Georgia State University Law Review
No abstract provided.
Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari
Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari
The Scholar: St. Mary's Law Review on Race and Social Justice
A balance between anti-terror legislation and civil liberties must be struck. The United States’ “financial war on terror,” following the attacks on September 11, 2001, has had negative consequences for global philanthropy. Charities supplying aid to Muslims in the Middle East and Central Asia have been affected the most, thwarting the acceptance of aid where it is needed. Legislation like the International Emergency Economic Powers Act (IEEPA) has allowed the government to freeze the assets of certain Islamic charities that allegedly aid and abet terrorism. Under this Act, the President has the power to regulate international economic dealing. Subsequent amendments …
Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi
Guy E Carmi
The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.
The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …
Reclaiming The Public Forum: Courts Must Stand Firm Against Governmental Efforts To Displace Dissidence, Christopher B. Ford
Reclaiming The Public Forum: Courts Must Stand Firm Against Governmental Efforts To Displace Dissidence, Christopher B. Ford
ExpressO
Recognizing that the right to free speech for dissidents is increasingly at risk in the United States, this submission catalogs manifold methods the government has employed to constrain free speech and urges that courts not only serve as a bulwark against further erosion of public expression of dissent but endeavor to restore access to the public forum that recently has been lost. The submission surveys the background of the right to free expression and provides details and examples of the government’s increasing tendency to suppress dissident speech by deploying heavily armed police in demonstrations, committing violent acts against peaceful protesters, …
Free Speech And Filtering Myths, Mark Y. Herring
Free Speech And Filtering Myths, Mark Y. Herring
Dacus Library Faculty Publications
No abstract provided.
Violence, Minors And The First Amendment: What Is Unprotected Speech And What Should Be?, Abby L. Schloessman Risner
Violence, Minors And The First Amendment: What Is Unprotected Speech And What Should Be?, Abby L. Schloessman Risner
Saint Louis University Public Law Review
No abstract provided.
In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter
American Indian Law Review
No abstract provided.