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Articles 1 - 13 of 13
Full-Text Articles in Law
Exotic Dancing: Taxable Gyrations Or Exempt Art, John O. Hayward
Exotic Dancing: Taxable Gyrations Or Exempt Art, John O. Hayward
John O. Hayward
Exotic dancers usually embroil themselves in censorship battles with local authorities. But recently they have drawn the attention of tax authorities who have tussled with the owners of so-called “gentlemen’s clubs” over whether the exotic dancing performed in their establishments are subject to taxation. This paper examines several recent cases where state authorities choose to tax exotic dancing while at the same time exempting what some jurists regard as comparable choreographic performances. In the opinion of these commentators, the tax authorities exhibited a bias against low-brow artistic expression, thus engaging in impermissible content discrimination. It advances the proposition that judges …
The Free Exercise Clause: Fealty To God Or Caesar, John O. Hayward
The Free Exercise Clause: Fealty To God Or Caesar, John O. Hayward
John O. Hayward
This essay furnishes a modest definition of “religion,” briefly reviews the historical background of the Free Exercise Clause, examines several significant U.S. Supreme Court decisions, including the controversial Hobby Lobby case, that have defined, expanded and limited this clause, and finally, argues that the Court in interpreting the Free Exercise clause should be mindful of the writings of seventeenth century political philosopher John Locke (1632-1704), who maintained that the state should allow all religions to pursue their own goals as long as they don’t produce civil harms. Lastly, the article concludes with a caveat that a country whose citizens have …
Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward
Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward
John O. Hayward
Exotic dancers usually embroil themselves in censorship battles with local authorities. But recently they have drawn the attention of tax authorities who have tussled with the owners of so-called “gentlemen’s clubs” over whether the exotic dancing performed in their establishments are subject to taxation. This paper examines two recent cases where state authorities choose to tax exotic dancing while at the same time exempting what some jurists regard as comparable choreographic performances. In the opinion of these commentators, the tax authorities exhibited a bias against low-brow artistic expression, thus engaging in impermissible content discrimination. It advances the proposition that judges …
Police Cell Phone Searches: Where's The Privacy?, John O. Hayward
Police Cell Phone Searches: Where's The Privacy?, John O. Hayward
John O. Hayward
Legal academicians are in a dither that law enforcement, using the exception of a search incident to a lawful arrest, are conducting warrantless searches of cell phones found on the person of those they take into custody. They regard such searches as violating the arrestees’ expectation of privacy, although courts that have considered the matter, by an overwhelming majority, have found lawful arrest trumps any expectation of privacy. This paper examines the legal precedent for searches incident to a lawful arrest being an exception to the Fourth Amendment’s prohibition against unreasonable searches and seizures, inquires into the expectation of privacy …
Police Cell Phone Searches: Where's The Privacy, John O. Hayward
Police Cell Phone Searches: Where's The Privacy, John O. Hayward
John O. Hayward
Legal academicians are in a dither that law enforcement, using the exception of a search incident to a lawful arrest, are conducting warrantless searches of cell phones found on the person of those they take into custody. They regard such searches as violating the arrestees’ expectation of privacy, although courts that have considered the matter, by an overwhelming majority, have found lawful arrest trumps any expectation of privacy. This paper examines the legal precedent for searches incident to a lawful arrest being an exception to the Fourth Amendment’s prohibition against unreasonable searches and seizures, inquires into the expectation of privacy …
Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward
Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward
John O. Hayward
Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …
Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward
Hysteria Over Sexting: A Plea For A Common Sense Approach, John O. Hayward
John O. Hayward
Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …
Is Sexting The New Witchcraft? A Plea For A Common Sense Approach., John O. Hayward
Is Sexting The New Witchcraft? A Plea For A Common Sense Approach., John O. Hayward
John O. Hayward
Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …
Is Sexting The New Witchcraft? A Plea For A Common Sense Approach, John O. Hayward
Is Sexting The New Witchcraft? A Plea For A Common Sense Approach, John O. Hayward
John O. Hayward
Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
John O. Hayward
In October 2006, thirteen-year-old Megan Meier committed suicide because of postings on MySpace, an Internet social networking site. As a result, twenty-one states have passed statutes prohibiting cyber bullying, i.e., bullying by electronic means. Many of these laws threaten student free speech. This article examines cyber bullying, the laws it has spawned, how they chill student speech, their constitutionality, and proposes a Model Anti-Cyber Bullying Law.
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
John O. Hayward
In October 2006, thirteen-year-old Megan Meier committed suicide because of postings on MySpace, an Internet social networking site. As a result, twenty-one states have passed statutes prohibiting cyber bullying, i.e., bullying by electronic means. Many of these laws threaten student free speech. This article examines cyber bullying, the laws it has spawned, how they chill student speech, their constitutionality, and proposes a Model Anti-Cyber Bullying Law.
Fire Safety In Shopping Malls & Premises Liability, John O. Hayward
Fire Safety In Shopping Malls & Premises Liability, John O. Hayward
John O. Hayward
America’s 1,175 shopping malls represent a new economic, cultural, and social phenomenon. One study found that Americans spent more time at malls than anywhere except home and work. But from a fire safety perspective, how safe are shopping malls? How strict are mall fire safety codes? This article reviews the incidence of fires in shopping malls both in the U.S. and abroad, and examines the latest fire safety technology in the fields of sprinklers, alarms, signage, smoke control, and evacuation strategies. The liability of mall owners and retailers for fire safety is then explored.
Grokster Unplugged: It's Time To Legalize P2p File Sharing, John O. Hayward
Grokster Unplugged: It's Time To Legalize P2p File Sharing, John O. Hayward
John O. Hayward
Although the U.S. Supreme Court in 2005 held that providers of P2P file sharing software could be liable for contributory copyright infringement, millions of people continue to illegally download music and movies in spite of the threat of litigation from the RIAA. The paper argues that the entertainment industry has never been in the forefront of technological innovation, while copyright laws prohibiting P2P are regarded as lacking legitimacy, much like Prohibition in the 1920’s and speeding and public morality laws today. Since enforcement of the law is leading to invasions of privacy, the stifling of technological innovation, and the criminalization …