Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (38)
- The Catholic University of America, Columbus School of Law (7)
- DePaul University (6)
- University of Colorado Law School (6)
- Fordham Law School (5)
-
- Georgetown University Law Center (4)
- Mississippi College School of Law (4)
- University of Miami Law School (4)
- Villanova University Charles Widger School of Law (4)
- William & Mary Law School (4)
- Liberty University (3)
- Maurer School of Law: Indiana University (3)
- Mitchell Hamline School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Cleveland State University (2)
- Notre Dame Law School (2)
- SJ Quinney College of Law, University of Utah (2)
- St. Mary's University (2)
- University of Cincinnati College of Law (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- City University of New York (CUNY) (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Keyword
-
- First Amendment (30)
- Law (11)
- Diversity (7)
- Free speech (7)
- Affirmative Action (6)
-
- First amendment (6)
- Religion (6)
- SFFA (6)
- Supreme Court (6)
- Freedom of speech (5)
- Social media (5)
- Constitutional Law (4)
- Constitutional law (4)
- Social Media (4)
- AI (3)
- Censorship (3)
- Constitutional (3)
- Democracy (3)
- ESG (3)
- Fourteenth Amendment (3)
- Free Speech (3)
- Misinformation (3)
- Privacy (3)
- United States Constitution 1st Amendment (3)
- Administrative law (2)
- Book bans (2)
- COVID-19 (2)
- Church and state (2)
- Civil rights (2)
- Constitutional rights (2)
- Publication
-
- Seattle University Law Review (38)
- Catholic University Journal of Law and Technology (6)
- DePaul Business & Commercial Law Journal (6)
- Faculty Scholarship (4)
- Georgetown Law Faculty Publications and Other Works (4)
-
- Mississippi College Law Review (4)
- Publications (4)
- Mitchell Hamline Law Review (3)
- Touro Law Review (3)
- University of Miami Law Review (3)
- Villanova Environmental Law Journal (3)
- William & Mary Bill of Rights Journal (3)
- Articles (2)
- Cleveland State Law Review (2)
- Faculty Articles (2)
- Fordham Law Review (2)
- Fordham Law Voting Rights and Democracy Forum (2)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (2)
- Indiana Journal of Law and Social Equality (2)
- St. Mary's Law Journal (2)
- University of Cincinnati Law Review (2)
- Utah Law Review (2)
- Barry Law Review (1)
- Brooklyn Law Review (1)
- Buffalo Law Review (1)
- Catholic University Law Review (1)
- Event Invitations 2024 (1)
- FIU Law Review (1)
- Helms School of Government Undergraduate Law Review (1)
- Indiana Law Journal (1)
- Publication Type
Articles 1 - 30 of 133
Full-Text Articles in Law
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy C. Macneil Blackwood
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy C. Macneil Blackwood
University Honors Theses
American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter’s presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism’s fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams
Barry Law Review
Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the …
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Villanova Environmental Law Journal
No abstract provided.
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
Obtaining Trademark Registration For Marks Containing Political Commentary: A Look Into Vidal V. Elster, Annick Runyon
University of Miami Law Review
For decades, courts have struggled with balancing trademark law with the First Amendment—specifically with cases challenging the denial of trademark registration of certain marks. Congress codified trademark registration through the Lanham Act, also known as the Trademark Act of 1946. This statute outlines the registration process and expands the rights of trademark owners. In recent years, a string of cases have ruled certain provisions of the Lanham Act that bar certain marks from registration unconstitutional.
Currently under review by the Supreme Court, the case Vidal v. Elster involves an applicant who was denied trademark registration for his mark “Trump Too …
Is Florida At War With The Mouse Or Free Speech: Understanding The Dissolution Of Disney’S Reedy Creek And The Threat To Corporate First Amendment Rights, Julia Gibson
University of Miami Business Law Review
On April 22, 2022, Florida Governor Ron DeSantis signed Florida Senate Bill 4C, which stripped Walt Disney World of its status as an “independent special district,” with its Reedy Creek Improvement District. The legislation was passed in response to the corporation’s public criticism of the Parental Rights in Education Act. After months of speculation regarding the solution to the grave tax and debt consequences of the bill, the Governor signed Florida House Bill 9B to reinstate the district under a State elected board and under a new name—the Central Florida Tourism Oversight District.
This Comment delves into the longstanding history …
Secrecy On Steroids: How Overzealous State Confidentiality Laws Expose Leakers And Whistleblowers To Retaliatory Prosecution, Frank D. Lomonte, Anne Marie Tamburro
Secrecy On Steroids: How Overzealous State Confidentiality Laws Expose Leakers And Whistleblowers To Retaliatory Prosecution, Frank D. Lomonte, Anne Marie Tamburro
University of Miami Law Review
It is well-documented that the federal government has a secrecy problem. Thousands of times a year, inconsequential documents are needlessly stamped “classified,” which can mean prison for anyone who leaks them. But the addiction to secrecy doesn’t stop with the Pentagon. State public-records statutes are riddled with their own local version of “classified information” that puts people at risk of prosecution even for well-intentioned whistleblowing.
The problem is particularly acute in Florida, where one of the state’s highest-ranking elected officials spent almost two years as the target of a criminal investigation for releasing records about an unresolved sexual harassment complaint …
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
St. Mary's Law Journal
Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
The Social Experiment: How The First Amendment Influences Private Social Media Companies, Collyn J. Kim
The Social Experiment: How The First Amendment Influences Private Social Media Companies, Collyn J. Kim
Helms School of Government Undergraduate Law Review
Social media has become one of the biggest mediums by which people communicate, socialize, and interact with each other. People follow political figures, cultural icons, and news outlets, among others, to gain knowledge on current events or the hot topic of the day. Many users, regardless of the platform, use their medium of choice to speak their own opinions and comment on the world’s issues. From prime ministers to popular memes, social media is a never-ending timeline of speech. With the constant speech and expression exhibited on social media, two important questions must be asked. First, does the First Amendment …
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper
Brooklyn Law Review
The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …
Reynolds Revisited: The Original Meaning Of Reynolds V. United States And Free Exercise After Fulton, Clark B. Lombardi
Reynolds Revisited: The Original Meaning Of Reynolds V. United States And Free Exercise After Fulton, Clark B. Lombardi
Articles
This Article calls for a profound reevaluation of the stories that are being told today about the Supreme Court’s free exercise jurisprudence starting with the Court’s seminal 1879 decision in Reynolds v. United States and proceeding up to the present day. Scholars and judges today agree that the Supreme Court in Reynolds interpreted the Free Exercise Clause of the First Amendment to protect only religious belief and not religiously motivated action. All casebooks today embrace this interpretation of the case, and the Supreme Court has regularly endorsed it over the past twenty years, most recently in 2022. However, this Article …
Rage Rhetoric And The Revival Of American Sedition, Jonathan Turley
Rage Rhetoric And The Revival Of American Sedition, Jonathan Turley
William & Mary Law Review
We are living in what Professor Jonathan Turley calls an age of rage. However, it is not the first such period. Professor Turley explores how the United States was formed (and the Constitution was written) in precisely such a period. Throughout that history, sedition has been used as the vehicle for criminalizing political speech. This Article explores how seditious libel has evolved as a crime and how it is experiencing a type of American revival. The crime of sedition can be traced back to the infamous trials of the Star Chamber and the flawed view of free speech articulated by …
I Hope This Email Finds You Well: The Eleventh Circuit Addresses The Standard Of Review For Incarcerated Persons’ Outgoing Emails, Olivia Greenblatt
I Hope This Email Finds You Well: The Eleventh Circuit Addresses The Standard Of Review For Incarcerated Persons’ Outgoing Emails, Olivia Greenblatt
Mercer Law Review
An unfortunate and inevitable aspect of incarceration is separation from the outside world. The various constraints on communication exemplify one of the many ways through which incarceration creates this divide. Maintaining the connections that incarcerated people have with their loved ones and communities is essential for fostering a vital support system, facilitating the exchange of information, aiding in successful reintegration, and reducing recidivism upon release. Unfortunately, instead of encouraging and safeguarding this communication, prisons often curtail it through restrictive methods: visitation is limited, phone calls are costly, physical mail involves a time-consuming and intrusive process, and now, email is being …
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
University of Colorado Law Review Forum
Governments often seek to restrict speech on the basis of its content, navigating the ever-complex terrain between constitutional freedoms and regulatory interests. While the United States judiciary has historically endeavored to balance competing constitutional questions and government interests when scrutinizing content-based speech regulations, recent trends signify a troubling shift. The judiciary has recently embraced what this Article refers to as free speech absolutism, whereby it sidesteps the longstanding, intricate process of balancing constitutional values and public interests, in favor of an unequivocal endorsement of speech rights. This simplified judicial strategy proceeds first with an acknowledgment of the paramount importance of …
Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti
Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti
Theses/Capstones/Creative Projects
This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …
Public Accommodations And The Right To Refrain From Expressing Oneself, Mark Strasser
Public Accommodations And The Right To Refrain From Expressing Oneself, Mark Strasser
Cleveland State Law Review
The United States Supreme Court has been unable to articulate a coherent position when addressing the right of individuals to refrain from expressing themselves. The Court has applied various tests inconsistently—emphasizing principles in some cases, ignoring them in subsequent cases, and then emphasizing them again in later cases as if those principles had always been applied. The Court’s approach is incoherent, offering little guidance to lower courts except to suggest that public accommodations laws may soon be found inconsistent with First Amendment guarantees.
The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black
The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …
Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson
Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson
Helm's School of Government Conference - American Revival: Citizenship & Virtue
This essay assesses the roles of the federal government and its relationship with Tribal Regions and states alike. Additionally, how COVID-19 affected states and localities and how different Presidential Administrations handled and responded to the pandemic while being compared with the state of South Dakota. Assessing whether or not the federal government overstepped reveals the preparedness of states. Certain states handled COVID-19-related issues better than others, and this essay addresses how Tribal Regions in states provided Governors with extreme complexities. Finally, this essay delves into the rights and responsibilities of the federal government and the state pertaining to American Indian …
Anti-Press Bias: A Response To Andersen Jones And West's Presuming Trustworthiness, Erin C. Carroll
Anti-Press Bias: A Response To Andersen Jones And West's Presuming Trustworthiness, Erin C. Carroll
Georgetown Law Faculty Publications and Other Works
Professors RonNell Andersen Jones and Sonja R. West’s Presuming Trustworthiness is a deeply depressing read. That is what makes it so good. The article is a clear-eyed, data-driven approach to assessing just how endangered the legal status of the free press is. Given the universality of the agreement that a free press is central to democracy, Andersen Jones and West’s message is vital. Presuming Trustworthiness should raise alarms.
In response, I hope this essay can serve as a bullhorn. I want to amplify what Andersen Jones and West’s research and data bear out. Not only has the Supreme Court ceased …
Anti-Antisemitism Now, Lili Levi
Anti-Antisemitism Now, Lili Levi
University of Miami Law Review
On May 25, 2023, the Biden Administration released The U.S. National Strategy to Counter Antisemitism—America’s first national strategy of this kind. In early November 2023, the White House announced the establishment of the first-ever U.S. National Strategy to Counter Islamophobia. These historic commitments respond to increases in identity-based bias incidents and expression against Jews and Muslims. Antisemitic incidents, which were already rising even before the pandemic, increased by almost 400% since the start of the Israel-Hamas war. The war also triggered a sharp upturn in Islamophobic incidents in the U.S., including the shooting of three college students and …
Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber
Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber
Notre Dame Law Review
The ministerial exception is a doctrine born out of the Religion Clauses of the First Amendment that shields many religious institutions’ employment decisions from review. While the ministerial exception does not extend to all employment decisions by, or employees of, religious institutions, it does confer broad—and absolute—protection. While less controversy surrounds whether the Constitution shields religious institutions’ employment decisions to at least some extent, much more debate surrounds the exception’s scope, and perhaps most critically, which employees fall under it. In other words, who is a "minister" for purposes of the ministerial exception?
Reforming The Ministerial Exception, Paul E. Mcgreal
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review
No abstract provided.
The Impossibility Of Corporate Political Ideology: Upholding Sec Climate Disclosures Against Compelled Commercial Speech Challenges, Erin Murphy
Northwestern University Law Review
To address the increasingly dire climate crisis, the SEC will require public companies to reveal their business’s environmental impact to the market through climate disclosures. Businesses and states challenged the required disclosures as compelled, politically motivated speech that risks putting First Amendment doctrine into further jeopardy. In the past five years, the U.S. Supreme Court has demonstrated an increased propensity to hear compelled speech cases and rule in favor of litigants claiming First Amendment protection from disclosing information that they disagree with or believe to be a politically charged topic. Dissenting liberal Justices have decried these practices as “weaponizing the …