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Full-Text Articles in Law
Lawyer Speech In The Regulatory State, Renee Newman Knake
Lawyer Speech In The Regulatory State, Renee Newman Knake
Fordham Law Review
A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …
Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake
Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake
Fordham Law Review
No abstract provided.
From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle
From T-Shirts To Teaching: May Public Schools Constitutionally Regulate Antihomosexual Speech?, Amanda L. Houle
Fordham Law Review
In applying the First Amendment in the public school context, courts are faced with the challenge of balancing the constitutional rights of students against the discretion of schools to control speech and conduct on school grounds. This Note focuses on the specific issue of public schools regulating antihomosexual speech. Evaluating the First Amendment rights of students expressing antihomosexual sentiment through private and school-sponsored mediums, this Note ultimately argues for a comprehensive standard permitting schools to regulate both private and school-sponsored student speech.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Fordham Law Review
This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Fordham Law Review
No abstract provided.
Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko
Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko
Fordham Law Review
No abstract provided.
Whose Candy Are We Really Taking? An Exploration Of The Candyman Cases And The Divide Within The Second Circuit, Lauren E. Curry
Whose Candy Are We Really Taking? An Exploration Of The Candyman Cases And The Divide Within The Second Circuit, Lauren E. Curry
Fordham Law Review
No abstract provided.
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Fordham Law Review
No abstract provided.
Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer
Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer
Fordham Law Review
No abstract provided.
Public Use Or Private Benefit? The Post-Kelo Intersection Of Religious Land Use And The Public Use Doctrine, Nicholas William Haddad
Public Use Or Private Benefit? The Post-Kelo Intersection Of Religious Land Use And The Public Use Doctrine, Nicholas William Haddad
Fordham Law Review
No abstract provided.
Putting A Face To A (Screen) Name: The First Amendment Implications Of Compelling Isps To Reveal The Identities Of Anonymous Internet Speakers In Online Defamation Cases, Jennifer O'Brien
Fordham Law Review
No abstract provided.
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
Fordham Law Review
No abstract provided.
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
Fordham Law Review
No abstract provided.
Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young
Financial Reporting And Risk Mangagement In The 21st Century , Richard I. Miller, Michael R. Young
Fordham Law Review
No abstract provided.
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
Fordham Law Review
No abstract provided.
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Perspectives On Disclosing Rape Victims' Names, Deborah W. Denno
Fordham Law Review
In this Essay, Professor Denno examines the century-long conflict between an individual's right to privacy and the freedom of the press in the context of the media's disclosure of rape victims' names. Part I briefly reviews the United States Supreme Court's primary rulings on this topic, explaining that the Court has generally protected the freedom of the press under the First Amendment Part I emphasizes, however, that the Court has left available an opportunity for a con- trary interpretation under certain circumstances in Florida Star v. BJ.F., the Court's last ruling concerning the disclosure of rape victims' names. Part I1 …
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Michael Gartner
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Linda Fairstein
Fordham Law Review
No abstract provided.
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
New Technology, Old Problem: Determining First Amendment Status Of Electronic Information Services, Phillip H. Miller
Fordham Law Review
No abstract provided.
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
The Privacy Rights Of Rape Victims In The Media And The Law, Panel Discussion, Helen Benedict
Fordham Law Review
No abstract provided.
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss
Fordham Law Review
No abstract provided.
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Fordham Law Review
Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.
Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller
Life After Feist: Facts, The First Amendment, And The Copyright Status Of Automated Databases, Philip H. Miller
Fordham Law Review
No abstract provided.
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
Fordham Law Review
No abstract provided.
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fordham Law Review
No abstract provided.
The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson
The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson
Fordham Law Review
No abstract provided.
Application Of The First Amendment To Political Patronage Employment Decisions, Louis Cammarosano
Application Of The First Amendment To Political Patronage Employment Decisions, Louis Cammarosano
Fordham Law Review
No abstract provided.
Public Forum Analysis After Perry Education Association V. Perry Local Educator's Association - A Conceptual Approach To Claims Of First Amendment Access To Publicly Owned Property, Peter Jakab
Fordham Law Review
No abstract provided.
Financial Reporters, The Securities Laws And The First Amendment: Where To Draw The Line, Tira Harpaz
Financial Reporters, The Securities Laws And The First Amendment: Where To Draw The Line, Tira Harpaz
Fordham Law Review
No abstract provided.