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Full-Text Articles in Law

Lawyer Speech In The Regulatory State, Renee Newman Knake Apr 2016

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 May 2014

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 Jan 2008

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2002

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 Jan 2001

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 Jan 1998

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 Jan 1997

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 Jan 1994

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1991

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1989

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 Jan 1986

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 Jan 1985

Financial Reporters, The Securities Laws And The First Amendment: Where To Draw The Line, Tira Harpaz

Fordham Law Review

No abstract provided.