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Law

Selected Works

2005

First Amendment

Articles 1 - 4 of 4

Full-Text Articles in Law

Advanced Employment Retaliation Issues, William A. Herbert Apr 2005

Advanced Employment Retaliation Issues, William A. Herbert

William A. Herbert

No abstract provided.


Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi Feb 2005

Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi

Guy E Carmi

The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.

The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …


Officials' Obligations To Children: The Perfectionist Response To Liberals And Libertarians, Or Why Adult Rights Are Not Trumps Over The State Duty To Ensure Each Child's Education, Steve Sheppard Jan 2005

Officials' Obligations To Children: The Perfectionist Response To Liberals And Libertarians, Or Why Adult Rights Are Not Trumps Over The State Duty To Ensure Each Child's Education, Steve Sheppard

Steve Sheppard

Lawmakers must care more to educate children than to cater to their parents. While parents and the state both have roles in childhood development, the difficulty is finding the proper balance. Lawmakers must decide who should determine exposure of children to new and different ideas. Arguments that limit exposure to ideas should be pursued with the good of a child as the desired end, and not the means to some other end. These arguments fall into two categories: negative arguments and affirmative arguments. Affirmative arguments are less likely to be made with ulterior motives in mind. In the spirit of …


Treason, Technology, And Freedom Of Expression, Tom W. Bell Dec 2004

Treason, Technology, And Freedom Of Expression, Tom W. Bell

Tom W. Bell

The power to punish treason against the U.S. conflicts with the First Amendment freedoms of speech and of the press. Far from a question of mere theory, that conflict threatens to chill public dissent to the War on Terrorism. The government has already demonstrated its willingness to punish treasonous expression. After World War II, the United States won several prosecutions against citizens who had engaged in propaganda on behalf of the Axis powers. Today, critics of the War on Terrorism likewise face accusations of treason. Under the law of treasonous expression developed following World War II, those accusations could credibly …