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Articles 1 - 9 of 9
Full-Text Articles in Law
Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin
Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin
Articles
In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional …
A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi
A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi
Articles
As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
Articles
No abstract provided.
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Articles
No abstract provided.
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, David Thaw, Christopher Borchert, Fernando Pinguelo
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, David Thaw, Christopher Borchert, Fernando Pinguelo
Articles
In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine — a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties — Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private …
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Articles
The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case …
Corporate Religious Liberty, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff
Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff
Articles
Ferguson, Missouri, has a population of roughly 21,000 people. Thirty cities in Missouri have larger populations. The Edward Jones Dome, where the St. Louis Rams play football, seats three times as many people. Most of us had never heard of Ferguson prior to August 9, 2014, when a police oficer named Darren Wilson shot and killed an unarmed black teenager named Michael Brown. But, to paraphrase the grim observation of Ambrose Bierce, war is how Americans learn geography. So, as violence and vandalism erupted on its streets, the nation turned its attention toward Ferguson and labored to understand the place, …