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Full-Text Articles in Law
First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern
First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern
Faculty Publications
The 20th century emergence of the incorporation doctrine is regarded as a critical development in constitutional law, but while issues related to the doctrine's justification have been studied and debated for more than fifty years, the causes and mechanics of its advent have received relatively little academic attention. This Essay, part of a symposium on Judge Jeffrey Sutton's recent book about state constitutional law, examines the doctrinal origins of incorporation, in an effort to help uncover why the incorporation doctrine emerged when it did and the way it did. It concludes that, for these purposes, incorporation is best understood as …
'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin
'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin
Popular Media
No abstract provided.
Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne
Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne
Faculty Publications
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Faculty Publications
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Faculty Publications
No abstract provided.
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Faculty Publications
No abstract provided.
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
Faculty Publications
No abstract provided.
Has The First Amendment Arrived For Broadcasting?, Tom A. Collins
Has The First Amendment Arrived For Broadcasting?, Tom A. Collins
Faculty Publications
No abstract provided.
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Publications
No abstract provided.
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Faculty Publications
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
Faculty Publications
No abstract provided.
Commentary On Press Photographers And The Courtroom, William F. Swindler
Commentary On Press Photographers And The Courtroom, William F. Swindler
Faculty Publications
No abstract provided.