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Full-Text Articles in Law

“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich Mar 2024

“Twitter Jail” For The Jailer: The Precarious First Amendment Rights Of Police Officers To Share Workplace Concerns On Social Media, Frank D. Lomonte, Jessica Terkovich

Nevada Law Journal

No abstract provided.


A Continued Sign Of The Court's Unwillingness To Overrule Smith, Gader Wren Mar 2023

A Continued Sign Of The Court's Unwillingness To Overrule Smith, Gader Wren

Nevada Law Journal Forum

Since its inception, the Supreme Court’s holding in Employment Division v. Smith has been attacked for diluting Free Exercise rights. In recent years, petitioners have asked the Court to reconsider Smith’s soundness. However, de-spite these challenges to Smith’s legitimacy, it has remained the law of the land.

On February 22, 2022, the Court granted certiorari on 303 Creative LLC v. Elenis. Although Petitioner asked the Court to overrule Smith, the Court granted certiorari to answer only a single question: “[w]hether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the …


Against Political Speech, John M. Kang Mar 2022

Against Political Speech, John M. Kang

Nevada Law Journal

No abstract provided.


Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert Sep 2021

Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert

Nevada Law Journal

No abstract provided.


“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne Mar 2020

“Catchy Phrases That Convey A Message”: The Danger Of Tam’S Copymark Creep And Trademark Law’S New First Amendment Analysis, Stacey M. Lantagne

Nevada Law Journal

No abstract provided.


Tinker-Ing With Machine Learning: The Legality And Consequences Of Online Surveillance Of Students, Amy B. Cyphert Mar 2020

Tinker-Ing With Machine Learning: The Legality And Consequences Of Online Surveillance Of Students, Amy B. Cyphert

Nevada Law Journal

No abstract provided.


The First Amendment, Social Media, And The Public Schools: Emergent Themes And Unanswered Questions, Watt Lesley Black Jr., Elizabeth A. Shaver Sep 2019

The First Amendment, Social Media, And The Public Schools: Emergent Themes And Unanswered Questions, Watt Lesley Black Jr., Elizabeth A. Shaver

Nevada Law Journal

No abstract provided.


Is The Cure Worse Than The Disease?: Censorship Of Hate Speech May Well Increase Violence, Gordon Danning Oct 2018

Is The Cure Worse Than The Disease?: Censorship Of Hate Speech May Well Increase Violence, Gordon Danning

Nevada Law Journal Forum

From Charlottesville to college campuses, people with odious hate groups have risen in notoriety recently. Responses to those people and the groups to which they belong have ranged from efforts to keep them from speaking in person, to deleting their presence on the internet, to efforts to have them terminated from their jobs or evicted from their apartments, and even to physical assault by members of such groups as Antifa. Such efforts at censoring, ostracizing, and stigmatizing hate group members are generally justified by claims that such individuals are dangerous. It is true that some scholars have found an association …


The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis, Jason M. Shepard Sep 2018

The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis, Jason M. Shepard

Nevada Law Journal

No abstract provided.


The Freedom To Film Pornography, Marc J. Randazza Sep 2016

The Freedom To Film Pornography, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny Jun 2016

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

Nevada Law Journal

No abstract provided.


Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett Jun 2016

Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett

Nevada Law Journal

No abstract provided.


Panhandling After Mccullen V. Coakley, Cynthia Barmore Mar 2016

Panhandling After Mccullen V. Coakley, Cynthia Barmore

Nevada Law Journal

No abstract provided.


The First Amendment Case For Corporate Religious Rights, John D. Moore Sep 2015

The First Amendment Case For Corporate Religious Rights, John D. Moore

Nevada Law Journal

No abstract provided.


Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza Sep 2015

Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Mar 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


Unions And Campaign Finance Litigation, Charlotte Garden Mar 2014

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.


Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe, John M. Kang Jun 2012

Hustler V. Falwell: Worst Case In The History Of The World, Maybe The Universe, John M. Kang

Nevada Law Journal

No abstract provided.


Getting Faith Out Of The Gutters: Resolving The Debate Over Political Campaign Participation By Religious Organizations Through Fiscal Subsidiarity, W. Edward Afield Sep 2011

Getting Faith Out Of The Gutters: Resolving The Debate Over Political Campaign Participation By Religious Organizations Through Fiscal Subsidiarity, W. Edward Afield

Nevada Law Journal

No abstract provided.


Free Speech And The Military Recruiter: Reaffirming The Marketplace Of Ideas, Charles G. Kels Oct 2010

Free Speech And The Military Recruiter: Reaffirming The Marketplace Of Ideas, Charles G. Kels

Nevada Law Journal

No abstract provided.


Golan V. Gonzales: An Opportunity To Reexamine The Relationship Between First Amendment Rights And Copyright Protection, Krystal Joy Gallagher Jan 2009

Golan V. Gonzales: An Opportunity To Reexamine The Relationship Between First Amendment Rights And Copyright Protection, Krystal Joy Gallagher

Nevada Law Journal

No abstract provided.


Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay Jan 2008

Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay

Nevada Law Journal

No abstract provided.


But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni Mar 2007

But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni

Nevada Law Journal

No abstract provided.


The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus Sep 2006

The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus

Nevada Law Journal

No abstract provided.


Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke Mar 2005

Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke

Nevada Law Journal

No abstract provided.


Privacy Concerns Regarding The Monitoring Of Instant Messaging In The Workplace: Is It Big Brother Or Just Business?, Ira David Sep 2004

Privacy Concerns Regarding The Monitoring Of Instant Messaging In The Workplace: Is It Big Brother Or Just Business?, Ira David

Nevada Law Journal

No abstract provided.


What Marc Antony, Lady Macbeth, And Iago Teach Us About The First Amendment, Michael Vitiello Sep 2002

What Marc Antony, Lady Macbeth, And Iago Teach Us About The First Amendment, Michael Vitiello

Nevada Law Journal

No abstract provided.


Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin Mar 2002

Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin

Nevada Law Journal

No abstract provided.


When Private Property Becomes A Public Forum, Becky Pintar Mar 2001

When Private Property Becomes A Public Forum, Becky Pintar

Nevada Law Journal

No abstract provided.


The Ninth Circuit's Exotic Dance With The Commercial Speech Doctrine, Andi Chang Mar 2001

The Ninth Circuit's Exotic Dance With The Commercial Speech Doctrine, Andi Chang

Nevada Law Journal

No abstract provided.