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Full-Text Articles in Law

The Post-Truth First Amendment, Sarah C. Haan Jan 2019

The Post-Truth First Amendment, Sarah C. Haan

Scholarly Articles

Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.

This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …


Speech And The Truth-Seeking Value, Brian C. Murchison Jan 2015

Speech And The Truth-Seeking Value, Brian C. Murchison

Scholarly Articles

Courts in First Amendment cases long have invoked the truth-seeking value of speech, but they rarely probe its meaning or significance, and some ignore it altogether. As new cases implicate questions of truth and falsity, thorough assessment of the value is needed. This Article fills the gap by making three claims. First, interest in truth-seeking has resurfaced in journalism, politics, philosophy, and fiction, converging on a concept of provisional or “functional” truth. Second, the appeal of functional truth for the law may be that it clarifies thinking about a range of human priorities—survival, progress, and character—without insisting on truth in …


Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla Jan 2006

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

Scholarly Articles

None available.


The First Amendment And The New Civil Liability, Rodney A. Smolla Jan 2002

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

Scholarly Articles

Not available.


Webster V. Doe, Lewis F. Powell, Jr. Oct 1987

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Taking Libel Reform Seriously, Rodney A. Smolla Jan 1987

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.


Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr Oct 1986

Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr. Oct 1986

Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bowen V. Roy, Lewis F. Powell Jr. Oct 1985

Bowen V. Roy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr. Oct 1985

Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Goldman V. Weinberger, Lewis F. Powell Jr Oct 1985

Goldman V. Weinberger, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr Oct 1984

School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Lynch V. Donnelly, Lewis F. Powell Jr Oct 1983

Lynch V. Donnelly, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Mueller V. Allen, Lewis F. Powell Jr. Oct 1982

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr. Oct 1981

Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Brown V. Glines, Lewis F. Powell, Jr. Oct 1979

Brown V. Glines, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr. Oct 1979

Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr. Oct 1979

Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1979

Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bell V. Wolfish, Lewis F. Powell, Jr. Oct 1978

Bell V. Wolfish, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr. Oct 1978

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Houchins V. Kqed Inc., Lewis F. Powell Jr. Oct 1977

Houchins V. Kqed Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Marks V. United States, Lewis F. Powell Jr. Oct 1976

Marks V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wolman V. Walters, Lewis F. Powell Jr. Oct 1976

Wolman V. Walters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr. Oct 1976

Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Wooley V. Maynard, Lewis F. Powell Jr. Oct 1976

Wooley V. Maynard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Jones V. North Carolina Prisoners' Labor Union, Inc., Lewis F. Powell Jr. Oct 1976

Jones V. North Carolina Prisoners' Labor Union, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Meek V. Pittinger, Lewis F. Powell, Jr. Oct 1974

Meek V. Pittinger, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Hunt V. Mcnair, Lewis F. Powell Jr. Oct 1972

Hunt V. Mcnair, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.