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Full-Text Articles in Law

Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla Jul 2015

Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla

Rod Smolla

The legal profession has historically asserted moral and legal authority to substantially control the speech of judges and lawyers. This impulse to control the speech of judges and lawyers is driven by many of the profession’s most strongly held interests and values. These include such interests as ensuring the fair administration of justice, the promotion of respect for the rule of law, the preservation of public confidence in the legal system, the preservation of the appearance of judicial impartiality, the maintenance of professionalism, and the safeguarding of the dignity of the profession. Some of these interests are palpable and may …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jul 2015

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Rod Smolla

No abstract provided.


First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla Jul 2015

First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla

Rod Smolla

No abstract provided.


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone Jul 2015

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone

Rod Smolla

None available.


Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla Jul 2015

Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla

Rod Smolla

None available.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jul 2015

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Rod Smolla

No abstract provided.


Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla Jul 2015

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Rod Smolla

No abstract provided.


The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla Jul 2015

The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla

Rod Smolla

Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …


Reform Libel Law?, Rodney A. Smolla, Don Reuben Jul 2015

Reform Libel Law?, Rodney A. Smolla, Don Reuben

Rod Smolla

No abstract provided.


Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla Jul 2015

Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla

Rod Smolla

Examines the lessons to be learned in the U.S. Supreme Court landmark free speech case in "Nike Inc. v. Kasky".


Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla Jul 2015

Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla

Rod Smolla

Not available.


From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla Jul 2015

From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Rod Smolla

Not available.


What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla Jul 2015

What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla

Rod Smolla

Not available.


First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla Jul 2015

First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla

Rod Smolla

Not available.


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jul 2015

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Rod Smolla

No abstract provided.


Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla Jul 2015

Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla

Rod Smolla

Not available.


Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla Jul 2015

Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla

Rod Smolla

None available.


First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla Jul 2015

First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla

Rod Smolla

No abstract provided.


The First Amendment And The New Civil Liability, Rodney A. Smolla Jul 2015

The First Amendment And The New Civil Liability, Rodney A. Smolla

Rod Smolla

Not available.


Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla Jul 2015

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla

Rod Smolla

Not available.


"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla Jul 2015

"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla

Rod Smolla

None available.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jul 2015

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jul 2015

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.


Taking Libel Reform Seriously, Rodney A. Smolla Jul 2015

Taking Libel Reform Seriously, Rodney A. Smolla

Rod Smolla

Not available.


Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler Jul 2015

Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler

William K. Ford

Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …


The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Jul 2015

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

Andrew P. Morriss

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …


Is The First Amendment Working?, Kent Greenfield Jun 2015

Is The First Amendment Working?, Kent Greenfield

Kent Greenfield

No abstract provided.


Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof Jun 2015

Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof

Mark G Yudof

No abstract provided.


The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin Jun 2015

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin

Steven H. Shiffrin

Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …


Government Speech, Steven H. Shiffrin Jun 2015

Government Speech, Steven H. Shiffrin

Steven H. Shiffrin

No abstract provided.