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Articles 1 - 7 of 7
Full-Text Articles in Law
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Faculty Publications
In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Faculty Publications
Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.
Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong
Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong
Faculty Publications
In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …
Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong
Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong
Faculty Publications
In the late 1950s and early 1960s, the legal world was captivated by an ongoing debate between two of England's most respected jurists regarding whether and to what extent morality should be reflected in the law. The debate was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. Lord Patrick Devlin, then a Lord of Appeal in Ordinary and later elevated to the House of Lords, Britain's highest court, opposed the conclusions contained in the Wolfenden Report and supported the continuation of the antisodomy …
Re-Tailoring Jury Trial Rights, Richard C. Reuben
Re-Tailoring Jury Trial Rights, Richard C. Reuben
Faculty Publications
The debate over improving the civil justice system has gone through many permutations over the years. Discovery, punitive damages and alternative dispute resolution are but a few of the paths that have been pursued. A case argued to the U.S. Supreme Court in January addresses the question from yet another-and potentially a more fundamental direction: the reach of the Seventh Amendment's guarantee of a jury trial in civil cases in federal court.
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Faculty Publications
This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Faculty Publications
This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.