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Articles 1 - 5 of 5
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 …
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.