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Articles 1 - 30 of 76
Full-Text Articles in Law
Ag-Gag Laws, Lies, And The First Amendment, Justin Marceau
Ag-Gag Laws, Lies, And The First Amendment, Justin Marceau
Distinguished Speaker Series
In this talk, Professor Marceau will discuss the intersection of free speech and lies in constitutional doctrine. “Ag-gag” laws criminalize actions that include secret filming by whistleblowers of animal abuses on factory farms. Using the proliferation of ag-gag laws as an example, Professor Marceau will identify and discuss investigative deceptions as a category of high-value lies that ought to receive rigorous free speech protection because of their instrumental value to securing and disseminating information essential to a well-functioning democracy. He will also identify, more generally, the types of limits that may be imposed on lying consistent with the First Amendment
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v.Summum that a city’s donated park monuments were government speech to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in light of the …
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
University of the Pacific Law Review
No abstract provided.
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
In Our Own Backyard: Why California Should Care About Habeas Corpus, Theresa Hsu Schriever
In Our Own Backyard: Why California Should Care About Habeas Corpus, Theresa Hsu Schriever
McGeorge Law Review
No abstract provided.
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
Telling Schools What To Do, Not How To Do It: Reimagining The Federal Government’S Role In Public Education, Jason Miller
Telling Schools What To Do, Not How To Do It: Reimagining The Federal Government’S Role In Public Education, Jason Miller
McGeorge Law Review
No abstract provided.
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
McGeorge Law Review
No abstract provided.
Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie
Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie
Global Business & Development Law Journal
No abstract provided.
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
McGeorge School of Law Scholarly Articles
In 2013, the United States Supreme Court decided two major cases on marriage equality – U.S. v. Windsor and Hollingsworth v. Perry. These cases paved the way for the Court’s eventual decision in 2015, in Obergefell v. Hodges, that the Constitution requires that states permit same-sex marriage. This article analyzes those precedents for an audience of Spanish-speaking legal professionals and academics seeking to understand the basis for the Court’s decisions.
Religion And New Constitutions: Recent Trends Of Harmony And Divergence, Jeremy Patrick
Religion And New Constitutions: Recent Trends Of Harmony And Divergence, Jeremy Patrick
McGeorge Law Review
No abstract provided.
Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman
Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman
McGeorge Law Review
No abstract provided.
State Interests And The Duration Of Abortion Rights, Randy Beck
State Interests And The Duration Of Abortion Rights, Randy Beck
McGeorge Law Review
No abstract provided.
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge Law Review
No abstract provided.
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge Law Review
No abstract provided.
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
McGeorge Law Review
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas
Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
McGeorge Law Review
No abstract provided.
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
McGeorge Law Review
No abstract provided.
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …
Barber V. Thomas: The Supreme Court's Interpretation Of The Federal Good Time Credits Statute Is Undermining Sentencing Reform, Max Hellman
McGeorge Law Review
No abstract provided.