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Articles 1 - 10 of 10

Full-Text Articles in Law

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson Oct 2004

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert Oct 2004

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Eminent Domain Actions Targeting First Amendment Land Uses, Shelley Ross Saxer Jun 2004

Eminent Domain Actions Targeting First Amendment Land Uses, Shelley Ross Saxer

Missouri Law Review

This Article advocates that courts should distinguish between typical land use regulation and should impose stricter constitutional limitations on the eminent domain power. Under our current concept of public welfare the potential for government abuse of its eminent domain power is great. The government's attempt to eliminate an undersirable, but constitutionally protected, use from its community through condemnation must be carefully scrutinized to ensure that there is not an impermissible motive behind the action. Eminent domain actions targeting land uses protected by the First Amendment should be subject to heightened scrutiny.


Missouri's Interfacing Of The First Amendment And Right Of Publicity: Is The Predominant Purpose Test Really That Desirable, Michael S. Kruse Jun 2004

Missouri's Interfacing Of The First Amendment And Right Of Publicity: Is The Predominant Purpose Test Really That Desirable, Michael S. Kruse

Missouri Law Review

Many jurisdictions have struggled with the difficult question of how they should interface the interest of a celebrity in his or her right of publicity and the interest society holds in the freedom of artistic expression. The United States Supreme Court has not definitively addressed this issue, and, as a result, the approach to dealing with these types of First Amendment claims varies from jurisdiction to jurisdiction. This Note examines how the Missouri Supreme Court recently confronted this issue. To appreciate the court's analysis, it is important to understand the interests that the right of publicity seeks to protect and …


“The Corporate Conscience” And Other First Amendment Follies In Pacific Gas & Electric Jan 2004

“The Corporate Conscience” And Other First Amendment Follies In Pacific Gas & Electric

San Diego Law Review

No abstract provided.


Direct-To-Consumer Genetic Tests, Government Oversight, And The First Amendment: What The Government Can (And Can't) Do To Protect The Public's Health, Gail H. Javitt, Erica Stanley, Kathy Hudson Jan 2004

Direct-To-Consumer Genetic Tests, Government Oversight, And The First Amendment: What The Government Can (And Can't) Do To Protect The Public's Health, Gail H. Javitt, Erica Stanley, Kathy Hudson

Oklahoma Law Review

No abstract provided.


Public Confidence Laws Gone Awry: A Modern Circuit Split Reveals That Some Federal Courts Manipulate Standing Rules To Promulgate Severe First Amendment Restrictions On The Spouses And Children Of Public Employees, Nicholas R. Farrell Jan 2004

Public Confidence Laws Gone Awry: A Modern Circuit Split Reveals That Some Federal Courts Manipulate Standing Rules To Promulgate Severe First Amendment Restrictions On The Spouses And Children Of Public Employees, Nicholas R. Farrell

Vanderbilt Law Review

Federal courts in the United States have consistently upheld the constitutional doctrine that "[t]he essential rights of the First Amendment in some instances are subject to the elemental need for order without which the guarantees of civil rights to others would be a mockery." Given the central role of government workers in maintaining that order, the First Amendment rights of public employees have been particularly susceptible to restriction. For example, in 1940, Congress enacted the Hatch Act, which declared unlawful certain political activities of federal employees. Specifically, section nine of the Act prohibited officers and employees in the executive branch …


Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman Jan 2004

Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman

Cleveland State Law Review

Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free Exercise, and Establishment Clause analogues of the Ohio Constitution. Here in Ohio, she concludes, New Judicial Federalism remains in its infancy. The Ohio Supreme Court is still struggling with the fundamentals of state constitutional interpretation. It remains heavily dependant on federal methodology when construing analogous provisions of the state constitution. Bettman gives us the unique perspective of a law professor who previously served as an Ohio appellate court judge. This perspective sensitizes her to the current political make-up of the Ohio Supreme Court. Today's court, she …


Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus Jan 2004

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus

Fordham Urban Law Journal

This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …