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First Amendment

2004

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Articles 1 - 30 of 129

Full-Text Articles in Law

Judicial Elections, Gene R. Nichol Dec 2004

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.


An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr Dec 2004

An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr

First Amendment Law Review

No abstract provided.


Contents, First Amendment Law Review Dec 2004

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


A Matter Of Perspective, Penny J. White Dec 2004

A Matter Of Perspective, Penny J. White

First Amendment Law Review

No abstract provided.


North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty Dec 2004

North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty

First Amendment Law Review

No abstract provided.


When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll Dec 2004

When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll

First Amendment Law Review

No abstract provided.


An Architecture For Spam Regulation, David Dickinson Dec 2004

An Architecture For Spam Regulation, David Dickinson

Federal Communications Law Journal

Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …


Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Dec 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.


Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler Dec 2004

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle Dec 2004

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.


Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall Dec 2004

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.


An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston Dec 2004

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.


Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan Nov 2004

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan

Maurer Law Events

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.

Joining Professors Schornhorst and Baude on the panel are three …


The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin Nov 2004

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …


Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton Nov 2004

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.


The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg Nov 2004

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.


Introduction, Kevin J. Worthen Nov 2004

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.


More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey Nov 2004

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.


Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law Oct 2004

Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn Oct 2004

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle Oct 2004

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards Oct 2004

Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards

William & Mary Bill of Rights Journal

No abstract provided.


Presentation By Councilmember Kathy Patterson, Kathy Patterson Sep 2004

Presentation By Councilmember Kathy Patterson, Kathy Patterson

University of the District of Columbia Law Review

No abstract provided.


Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh Sep 2004

Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh

University of the District of Columbia Law Review

No abstract provided.


The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple Sep 2004

The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple

University of the District of Columbia Law Review

No abstract provided.


Lost In The Forest Of The Establishment Clause: Elk Grove V. Newdow, Todd Collins Sep 2004

Lost In The Forest Of The Establishment Clause: Elk Grove V. Newdow, Todd Collins

Campbell Law Review

This article provides and in-depth examination of the Newdow case and High Court's opinion.


Introduction, Brett G. Scharffs Sep 2004

Introduction, Brett G. Scharffs

BYU Law Review

No abstract provided.


Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey Sep 2004

Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey

BYU Law Review

No abstract provided.