Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 67

Full-Text Articles in Law

Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy Sep 2012

Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy

Pepperdine Law Review

No abstract provided.


The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula Jul 2012

The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula

Pepperdine Law Review

No abstract provided.


Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson May 2012

Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson

Pepperdine Law Review

No abstract provided.


Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal May 2012

Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal

Pepperdine Law Review

No abstract provided.


Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt Apr 2012

Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt

Pepperdine Law Review

No abstract provided.


Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs Apr 2012

Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs

Pepperdine Law Review

No abstract provided.


Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain Apr 2012

Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain

Pepperdine Law Review

No abstract provided.


Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead Apr 2012

Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead

Pepperdine Law Review

No abstract provided.


Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino Mar 2012

Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino

Pepperdine Law Review

No abstract provided.


Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell Mar 2012

Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell

Pepperdine Law Review

In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …


Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy Mar 2012

Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy

Pepperdine Law Review

No abstract provided.


The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco Mar 2012

The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco

Pepperdine Law Review

No abstract provided.


Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis Mar 2012

Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis

Pepperdine Law Review

This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world's knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …


Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut Mar 2012

Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut

Pepperdine Law Review

No abstract provided.


Civil Rights, Erwin Chemerinsky Mar 2012

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff Mar 2012

"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff

Pepperdine Law Review

No abstract provided.


Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk Mar 2012

Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk

Pepperdine Law Review

No abstract provided.


Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness Mar 2012

Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec Mar 2012

Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.


Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams Mar 2012

Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams

Pepperdine Law Review

The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …


A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler Mar 2012

A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler

Pepperdine Law Review

No abstract provided.


Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin Feb 2012

Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin

Pepperdine Law Review

No abstract provided.


Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr Feb 2012

Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr

Pepperdine Law Review

No abstract provided.


The Future Of Free Expression In A Digital Age, Jack M. Balkin Feb 2012

The Future Of Free Expression In A Digital Age, Jack M. Balkin

Pepperdine Law Review

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …


Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier Feb 2012

Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier

Pepperdine Law Review

No abstract provided.


Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald Feb 2012

Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald

Pepperdine Law Review

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …


The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff Feb 2012

The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff

Pepperdine Law Review

This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …


The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen Feb 2012

The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen

Pepperdine Law Review

No abstract provided.


Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla Feb 2012

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

Pepperdine Law Review

No abstract provided.