Law Commons^™

The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg

William & Mary Bill of Rights Journal

To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech or restricts expression in managing an internal governmental function; …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …

The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings

Indiana Law Journal

No abstract provided.

Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen

Indiana Law Journal

No abstract provided.

The Inconvenience Of A “Constitution [That] Follows The Flag … But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet

UF Law Faculty Publications

Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Additionally, the four dissenting justices agreed with the five in the majority that the plurality opinion of Justice Edward Douglass White in Downes – as affirmed by a unanimous court in 1922 in Balzac v. People of Porto Rico – is still the dominant …

Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland

Erik Ugland

No abstract provided.

Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield

Kent Greenfield

No abstract provided.

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert M. Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity

Incentivos, Impuestos Y Tic's, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Pakistan’S Dialogic Turn, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Constitutionally Hazardous Ordinances In Pakistan And India, Shubhankar Dam

Shubhankar Dam

No abstract provided.

The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad

Mary Alice Haddad

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …

Pedro E O Lobo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Somos constantemente bombardeados com desgraças. Os telejornais coleccionam desgraças pelo mundo, até de poucos mortos, todas juntas. O catastrofismo é empolado por privilegiados e ociosos (que disso não se dão conta), que gostariam de mais privilégios, e cuja ociosidade precisa de ser preenchida com emoções fortes, ainda que artificiais. Quando é necessário unir os Portugueses e trabalhar muito, precisamente nos acenam com o mito do Dom Sebastião... Como seria a desilusão dos incautos por eles arrastados se acaso triunfassem as suas pretensões... O presente artigo pretende sublinhar a importância do triunfo do princípio da responsabilidade sobre os impulsos tanáticos, suicidas, …

A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock

Beau James Brock

Regardless of the foreign policy rationalizations for failing to respond to Osama Bin Laden’s declaration of war against the United States prior to September 11th, we are faced with a de facto state of war, for over a full decade now, that will require an ever vigilant and determined commitment in order to secure the domestic security of our land. The use of available technology to break through our opponents’ intelligence networks has been a vital instrument of victory in past wars and will be in this struggle we now face. But, where is the line marking appropriate federal action …

Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania

Tejas N. Narechania

The Decline Of The Establishment Clause: Effect Of Recent Supreme Court Decisions On Church-State Relations, Louis H. H. Heilbron

Golden Gate University Law Review

This note relates how a grand constitutional concept set forth in the First Amendment has suffered serious erosion in the last twenty years through decisions of the United States Supreme Court. In particular, two recent decisions have had a profound effect on church - state relations by merging, rather than separating, church and state. Both cases were five-to-four decisions and in the educational field: Zelman v. Simmons-Harris concerning vouchers and Good News Club v. Milford Central School concerning after-class activities in a public elementary school. The combined opinions cover almost 200 pages of rationale, argument, and citations. This article attempts …

September 30, 2010: Ignorant Of Religion But Believing In God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ignorant of Religion but Believing in God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Salazar V. Buono: The Perils Of Piecemeal Adjudication, Lisa Shaw Roy

NULR Online

The recent U.S. Supreme Court decision in Salazar v. Buono, a case involving a Latin cross placed on federal land in the Mojave Desert by the Veterans of Foreign Wars, approaches what many would assume to be the central issue in the case from an oblique. Does the Mojave Desert cross, sitting atop Sunrise Peak in a federal park preserve, violate the Establishment Clause of the First Amendment? Neither Justice Kennedy’s plurality opinion nor any of the concurring or dissenting opinions in Salazar answers that question. Salazar’s complicated web of facts and procedural history precluded the Court from …

The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand

Michael A Helfand

No abstract provided.

Eighth Amendment - Andrade V. Attorney General, Renee Ross

Golden Gate University Law Review

A large majority of states have enacted recidivist statutes requiring increased punishment for repeat offenders. California's controversial recidivist statute, the Three Strikes and You're Out Law (the Three Strikes Law), was approved by ballot initiative and enacted by the state legislature in 1994. Defendants have challenged the constitutionality of sentences under habitual offender statutes for at least twenty years. In Harmelin v. Helm, the United States Supreme Court addressed the constitutionality of a life sentence without the possibility of parole for a first time drug offender convicted of possession of 650 grams of cocaine. Justice Kennedy's concurrence in Harmelin set …

September 25, 2010: The Religious Person Is One Who Is Open To The Call Of History, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Religious Person is One who is Open to the Call of History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Technology - Konop V. Hawaiian Airlines, Inc., Patricia Defonte

Golden Gate University Law Review

In Konop v. Hawaiian Airlines Inc., the United States Court of Appeals for the Ninth Circuit held that the unauthorized access of the content of a secure website is a violation of the Wiretap Act and the Stored Communications Act. This is the first case to determine whether unauthorized accessing of a secure private website is a violation of the Wiretap Act. This decision is contrary to an earlier decision by the Fifth Circuit in United. States v. Turk, which held that the Wiretap Act required contemporaneous transmission and acquisition of the communication. The Ninth Circuit concluded that the scope …

Roche V. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, Ryan Thomas

Golden Gate University Law Review

In Roche v. Worldwide Media, Inc., the United States District Court for the Eastern District of Virginia discussed the issue of personal jurisdiction in the context of cyberspace. The court determined that Worldwide Media's web site was passive and that asserting personal jurisdiction based solely on the maintenance of a web site, without more, would violate the Due Process clause of the Fourteenth Amendment. The Roche decision reaffirmed the Eastern District of Virginia's position on personal jurisdiction in the context of cyberspace. Specifically, this decision applies the logic of the "sliding scale" test borrowed from the United States District Court …

How Far Can A State Go To Protect A Fetus? The Rebecca Comeau Story And The Case For Requiring Massachusetts To Follow The U.S. Constitution, Hedy R. Bower

Golden Gate University Law Review

This comment will explore the question of whether a state can take a pregnant woman into custody and subject her to prenatal care despite her religious beliefs that prohibit her from seeking medical care. Part II of this comment explains the historical development of a woman's fundamental right to privacy in making decisions concerning her pregnancy. Part II also discusses the limited contexts in which a fetus has rights, a person's right to free exercise of religion, and a person's freedom to refuse medical care. Part III addresses the legal procedures by which a state may confine a person against …

First Amendment - Alameda Books V. City Of Los Angeles, Katia Lazzara

Golden Gate University Law Review

The First Amendment to the United States Constitution protects freedom of speech. Courts categorize government restrictions of speech as either content based or content neutral. Content-based regulations restrict speech because of the specific idea or message conveyed. Because content-based regulations greatly restrain a person's right to free speech, they must serve a compelling government interest and be narrowly tailored to accomplish that interest. Content-neutral regulations, on the other hand, regulate conduct that indirectly impacts speech. In order to pass muster, content-neutral regulations must advance a significant state interest unrelated to the suppression of speech and not substantially burden more speech …

Expanding The Jurisdictional Reach For Intentional Torts: Implications For Cyber Contacts, Christopher Allen Kroblin

Golden Gate University Law Review

Originally, the foundation of jurisdictional jurisprudence in the United States rested on the premise that no state could exercise jurisdiction over a person outside its territorial borders. With the advent of modern industrial society, solely territorial based notions of sovereignty and jurisdiction became strained and unworkable. The concept that a state has control over everything within its borders and nothing beyond began to erode. As a result, during the twentieth century, the courts began to shift their focus from a territorial concept of jurisdiction to a notice-based concept. State courts exercised jurisdictional powers beyond their geographical territory so long as …