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Articles 1 - 7 of 7

Full-Text Articles in Law

Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn Oct 2012

Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn

University of Miami Law Review

No abstract provided.


The Right To Be Taken Seriously , Jonathan Weinberg Oct 2012

The Right To Be Taken Seriously , Jonathan Weinberg

University of Miami Law Review

No abstract provided.


Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen Jun 2012

Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen

Journal Articles

Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …


Answer Me Or Go To Jail: Why Court Ordered Polygraph Testing To Treat Probationers Violated The Fifth Amendment, Ashley J. Fausset Jan 2012

Answer Me Or Go To Jail: Why Court Ordered Polygraph Testing To Treat Probationers Violated The Fifth Amendment, Ashley J. Fausset

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi Jan 2012

Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi

Hofstra Law Review

No abstract provided.


Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili Jan 2012

Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili

Hofstra Law Review

No abstract provided.


Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse Jan 2012

Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse

American University Journal of Gender, Social Policy & the Law

No abstract provided.