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- Institution
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- University of North Carolina School of Law (17)
- University of Michigan Law School (16)
- Maurer School of Law: Indiana University (5)
- UIC School of Law (5)
- Vanderbilt University Law School (4)
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- Loyola University Chicago, School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Brigham Young University Law School (2)
- Cleveland State University (1)
- New York Law School (1)
- University at Buffalo School of Law (1)
- University of Richmond (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
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- First Amendment (10)
- Freedom of speech (6)
- Equal Protection Clause (3)
- FCC (3)
- Federal Communications Commission (3)
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- Websites (3)
- Yahoo (3)
- 9/11 (2)
- Brandenburg v. Ohio (2)
- Broadcasters (2)
- Constitution (2)
- Cyberlaw (2)
- Facial challenge (2)
- Federalism (2)
- Libertarianism (2)
- New York Times Co. v. Sullivan (2)
- Obscenity (2)
- Prior restraint (2)
- Regulation (2)
- Sedition Act (2)
- Television (2)
- Yahoo! v. LICRA (2)
- "Announce Clause" (1)
- 2001 Policy Statement (1)
- 2339B (1)
- Access to information (1)
- Ackerman (Bruce) (1)
- Adaptive-learning model (1)
- Adjudication (1)
- Alexander Tsesis (1)
- Publication
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- First Amendment Law Review (17)
- Michigan Law Review (12)
- Federal Communications Law Journal (5)
- Vanderbilt Journal of Entertainment & Technology Law (4)
- UIC Law Review (3)
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- University of Arkansas at Little Rock Law Review (3)
- Michigan Journal of International Law (2)
- Michigan Telecommunications & Technology Law Review (2)
- Public Interest Law Reporter (2)
- UIC John Marshall Journal of Information Technology & Privacy Law (2)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Buffalo Public Interest Law Journal (1)
- Cleveland State Law Review (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Loyola University Chicago Law Journal (1)
- NYLS Law Review (1)
- University of Richmond Law Review (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
Articles 31 - 60 of 62
Full-Text Articles in Law
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
William & Mary Law Review
No abstract provided.
Contents, First Amendment Law Review
Foreword, Jason Bradley Kay
Taking Free Speech Seriously: The United States Supreme Court And Virtual Child Pornography, Arnold H. Loewy
Taking Free Speech Seriously: The United States Supreme Court And Virtual Child Pornography, Arnold H. Loewy
First Amendment Law Review
No abstract provided.
Judicial Campaign Speech And Fundraising: Will Republican Party Of Minnesota V. White Be A Catalyst For Reform, Kara A. Mccraw
Judicial Campaign Speech And Fundraising: Will Republican Party Of Minnesota V. White Be A Catalyst For Reform, Kara A. Mccraw
First Amendment Law Review
No abstract provided.
One Nation Under God: Newdow V. United States Congress - A Poorly Chosen Battle In The War Over Separation Of Church And State, Russell W. Johnson
One Nation Under God: Newdow V. United States Congress - A Poorly Chosen Battle In The War Over Separation Of Church And State, Russell W. Johnson
First Amendment Law Review
No abstract provided.
Separation Of Church And State: The Supreme Court's Misleading Metaphor, John C. Fischer
Separation Of Church And State: The Supreme Court's Misleading Metaphor, John C. Fischer
First Amendment Law Review
No abstract provided.
Resisting Efforts To Provide Public Funding For Parochial Education In The Wake Of Zelman V. Simmons-Harris: A Primer For North Carolina Advocates, Mary Elizabeth Hill Hanchey
Resisting Efforts To Provide Public Funding For Parochial Education In The Wake Of Zelman V. Simmons-Harris: A Primer For North Carolina Advocates, Mary Elizabeth Hill Hanchey
First Amendment Law Review
No abstract provided.
Minority Report: The Endorsement Test And Native American Religions On Federal Lands, Michelle B. Langford
Minority Report: The Endorsement Test And Native American Religions On Federal Lands, Michelle B. Langford
First Amendment Law Review
No abstract provided.
You Can't Touch This: A Lession To Legislators On Political Speech, B. Chad Bungard
You Can't Touch This: A Lession To Legislators On Political Speech, B. Chad Bungard
First Amendment Law Review
No abstract provided.
Attacking Brandenburg With History: Does The Long-Term Harm Of Biased Speech Justify A Criminal Statute Suppressing It?, Anuj C. Desai
Attacking Brandenburg With History: Does The Long-Term Harm Of Biased Speech Justify A Criminal Statute Suppressing It?, Anuj C. Desai
Federal Communications Law Journal
Book Review: Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, Alexander Tsesis, New York: New York University Press, 2002, 246 pages.
A review of Alexander Tsesis's Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, New York University Press, 2002. At one level, Alexander Tsesis's thesis is simply one in a long line of arguments about the need to regulate racist speech. Yet on another level, it is fundamentally different from much American literature on "hate speech" because Tsesis draws on a broad historical swath, and because he contends that the United States …
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Federal Communications Law Journal
This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
Section Five Overbreadth: The Facial Approach To Adjudicating Challenges Under Section Five Of The Fourteenth Amendment, Catherine Carroll
Section Five Overbreadth: The Facial Approach To Adjudicating Challenges Under Section Five Of The Fourteenth Amendment, Catherine Carroll
Michigan Law Review
In February 1996, the New York State Department of Transportation fired Joseph Kilcullen from his position as a snowplow driver in the Department's Highway Maintenance training program. Alleging that the state discharged him because of his epilepsy and learning disability, Kilcullen sued his former employer under the Americans with Disabilities Act ("ADA"), which abrogated states' sovereign immunity and permitted private suits for damages against states in a federal court. Kilcullen asserted only that he was not treated the same as similarly situated non-disabled employees; his claim did not implicate the ADA's requirement that employers provide "reasonable accommodation" to disabled employees. …
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
National Do-Not-Call Registry To Stay: Opt-In Feature May Be Its Saving Grace, Amanda Strainis-Walker
National Do-Not-Call Registry To Stay: Opt-In Feature May Be Its Saving Grace, Amanda Strainis-Walker
Public Interest Law Reporter
No abstract provided.
What Does It Mean To Remain Silent?, Alexis Reed
What Does It Mean To Remain Silent?, Alexis Reed
Public Interest Law Reporter
No abstract provided.
Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein
Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein
UIC John Marshall Journal of Information Technology & Privacy Law
Litigation and court action have provided little in the way of providing solutions to anyone dealing with inappropriate content on the Internet. In Miller v. California, 413 U.S. 15 (1973). The court refused to establish a national standard and instead relied on community standards. Because the Internet has no geographic limitations, one cannot determine community standards because the Internet is so far reaching. Goldstein discusses in detail these Congressional enactments: Communications Decency Act of 1996, the Child Online Protection Act, and the Child Pornography Prevention Act of 1996, finding that none of them give children protection from pornography. The challenge …
Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins
UIC John Marshall Journal of Information Technology & Privacy Law
This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual …
Sticks And Stones: The First Amendment And Campus Speech Codes, 37 J. Marshall L. Rev. 205 (2003), Lee Ann Rabe
Sticks And Stones: The First Amendment And Campus Speech Codes, 37 J. Marshall L. Rev. 205 (2003), Lee Ann Rabe
UIC Law Review
No abstract provided.
Copyright And The First Amendment: After The Wind Done Gone, Joseph M. Beck
Copyright And The First Amendment: After The Wind Done Gone, Joseph M. Beck
Vanderbilt Journal of Entertainment & Technology Law
On March 16, 2001, plaintiff SunTrust Bank filed a complaint in the United States District Court for the Northern District of Georgia against defendant Houghton Mifflin Company, alleging copyright and trademark infringement based on defendant's yet-to-be published novel The Wind Done Gone. On March 23, plaintiff filed a motion for a temporary restraining order and preliminary injunction barring the book's imminent publication. The district court held a hearing on the motion for a temporary restraining order on March 29,2001, and then set down a second hearing for April 18, 2001. On April 20,2001, the district court filed a fifty-one page …
Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore
Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore
Vanderbilt Journal of Entertainment & Technology Law
The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
Vanderbilt Journal of Entertainment & Technology Law
Given that courts reviewing restrictions on the development and distribution of software are increasingly invoking the First Amendment, it should follow that software will receive strong protection. Yet, while there have been judicial decisions which lend credence to the view that the Constitution can be invoked to protect software, subsequent developments in this area, which I term "the new software jurisprudence" cast severe doubt on the ability of the courts to apply the First Amendment so as to shield software effectively. These developments include the faults of previous strains of First Amendment analysis and then add more, with the ironic …
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Michigan Journal of International Law
Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
UIC Law Review
No abstract provided.
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
UIC Law Review
No abstract provided.
A Wolf In Sheep's Clothing: Wolf Versus Ashcroft And The Constitutionality Of Using The Mpaa Ratings To Censor Films In Prison, Colin Miller
A Wolf In Sheep's Clothing: Wolf Versus Ashcroft And The Constitutionality Of Using The Mpaa Ratings To Censor Films In Prison, Colin Miller
Vanderbilt Journal of Entertainment & Technology Law
Part I of this article looks at the history of the federal courts' jurisprudence in deciding prisoner's rights cases, culminating in the current test adopted in on Turner v. Safley. Part II considers the purposes behind the Zimmer Amendment and looks at the district and appellate court rulings in the Pennsylvania prisoners' case, Wolf v. Ashcroft. Part III looks at the history of the MPAA ratings and cases dealing with their legal enforceability. Finally, Part IV applies Turner's test to the Zimmer Amendment and the Pennsylvania policy prohibiting R, X, and NC-17 movies from being shown in prison, ultimately concluding …
Religious Expression, Government Funds, And The First Amendment, Suart J. Lark
Religious Expression, Government Funds, And The First Amendment, Suart J. Lark
West Virginia Law Review
No abstract provided.
The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec
The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec
Cleveland State Law Review
The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.