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Articles 1 - 10 of 10
Full-Text Articles in Law
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
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
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
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
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
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
“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
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
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
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
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 …