Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (10)
- First Amendment (10)
- Communications Law (5)
- Administrative Law (4)
- Entertainment, Arts, and Sports Law (3)
-
- Civil Law (2)
- Civil Rights and Discrimination (2)
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Judges (2)
- Law and Society (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Antitrust and Trade Regulation (1)
- Computer Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Education Law (1)
- Election Law (1)
- Environmental Law (1)
- Fourth Amendment (1)
- Immigration Law (1)
- Jurisprudence (1)
- Law and Politics (1)
- Legal History (1)
- Litigation (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Religion Law (1)
- Institution
- Publication
-
- Federal Communications Law Journal (5)
- Fordham Law Review (4)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- Seattle University Law Review (2)
- American University Law Review (1)
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Indiana Law Journal (1)
- Journal of Law and Health (1)
- Marquette Sports Law Review (1)
- NYLS Law Review (1)
- Northern Illinois University Law Review (1)
- South Carolina Law Review (1)
- St. Mary's Law Journal (1)
- University of Arkansas at Little Rock Law Review (1)
- William Mitchell Law Review (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Federal Communications Law Journal
Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
American University Law Review
No abstract provided.
Tattoos And The First Amendment - Art Should Be Protected As Art: The South Carolina Supreme Court Upholds The State's Ban On Tattooing, Bebby G. Frederick
Tattoos And The First Amendment - Art Should Be Protected As Art: The South Carolina Supreme Court Upholds The State's Ban On Tattooing, Bebby G. Frederick
South Carolina Law Review
No abstract provided.
National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman
National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman
Indiana Law Journal
No abstract provided.
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
University of Arkansas at Little Rock Law Review
No abstract provided.
Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer
Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
Federal Communications Law Journal
No abstract provided.
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
Attacking Brandenburg With History: Does The Long-Term Harm Of Biased Speech Justify A Criminal Statute Suppressing It?, Anuj C. Desai
Attacking Brandenburg With History: Does The Long-Term Harm Of Biased Speech Justify A Criminal Statute Suppressing It?, Anuj C. Desai
Federal Communications Law Journal
Book Review: Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, Alexander Tsesis, New York: New York University Press, 2002, 246 pages.
A review of Alexander Tsesis's Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements, New York University Press, 2002. At one level, Alexander Tsesis's thesis is simply one in a long line of arguments about the need to regulate racist speech. Yet on another level, it is fundamentally different from much American literature on "hate speech" because Tsesis draws on a broad historical swath, and because he contends that the United States …
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Federal Communications Law Journal
This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
William Mitchell Law Review
Review of Minnesota Rag: Corruption, Yellow Journalism, and the Case That Saved Freedom of the Press. By Fred W. Friendly. University of Minnesota Press, 2003. 264 pages. $16.95.
Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell
Seattle University Law Review
Part II of this Note presents the factual background and procedural history of Davey v. Locke. Part III discusses the Free Exercise Clause of the First Amendment. Section A provides a basic background on the Supreme Court's free exercise jurisprudence. Section B applies the Court's precedent to Davey, and concludes that the Ninth Circuit sidestepped a true "prohibition" analysis. Sections A, B, and C of Part IV discuss the differing neutrality examinations within free exercise, free speech, and establishment jurisprudence, respectively. Section D discusses the overlapping application of neutrality criteria in establishment and free speech funding cases. Section E concludes …
Copyright And The First Amendment: After The Wind Done Gone, Joseph M. Beck
Copyright And The First Amendment: After The Wind Done Gone, Joseph M. Beck
Vanderbilt Journal of Entertainment & Technology Law
On March 16, 2001, plaintiff SunTrust Bank filed a complaint in the United States District Court for the Northern District of Georgia against defendant Houghton Mifflin Company, alleging copyright and trademark infringement based on defendant's yet-to-be published novel The Wind Done Gone. On March 23, plaintiff filed a motion for a temporary restraining order and preliminary injunction barring the book's imminent publication. The district court held a hearing on the motion for a temporary restraining order on March 29,2001, and then set down a second hearing for April 18, 2001. On April 20,2001, the district court filed a fifty-one page …
Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore
Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore
Vanderbilt Journal of Entertainment & Technology Law
The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
Vanderbilt Journal of Entertainment & Technology Law
Given that courts reviewing restrictions on the development and distribution of software are increasingly invoking the First Amendment, it should follow that software will receive strong protection. Yet, while there have been judicial decisions which lend credence to the view that the Constitution can be invoked to protect software, subsequent developments in this area, which I term "the new software jurisprudence" cast severe doubt on the ability of the courts to apply the First Amendment so as to shield software effectively. These developments include the faults of previous strains of First Amendment analysis and then add more, with the ironic …
A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
A Tripartite Threat To Medical Records Privacy: Technology, Hipaa's Privacy Rule And The Usa Patriot , Nathan J. Wills
Journal of Law and Health
Proceeding from the proposition that privacy is a fundamental right, this essay notes the importance of maintaining medical records privacy in light of the increased use of technology. It describes the Privacy Rule promulgated under HIPAA, which was intended to strengthen medical records privacy, but notes the restriction of privacy rights following September 11, 2001 ("9/11"). In light of circumscribed privacy rights, the Privacy Rules becomes much more important in protecting medical records privacy. Unfortunately, the Rule falls short of this goal by potentially running afoul of the First and Fourth Amendments. It also fails to provide adequate medical records …
Filling The Void In First Amendment Jurisprudence: Is There A Solution For Replacing The Impotent System Of Prior Restraints?, Richard Favata
Filling The Void In First Amendment Jurisprudence: Is There A Solution For Replacing The Impotent System Of Prior Restraints?, Richard Favata
Fordham Law Review
No abstract provided.
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
Fordham Law Review
No abstract provided.
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Seattle University Law Review
This article explores the ramifications of stretching the Equal Access Act ("EAA" or "the Act") beyond equal access to school premises for meetings during noninstructional time. Part I provides background on the Equal Access Act, from its legislative origins through its interpretations by federal courts. This part includes a careful look at the statute's often confusing language. Part II describes and criticizes Prince v. Jacoby. I argue that the decision is plagued with legal errors large and small, but that the main error is its failure to consider a central question: equal access to what? Both the EAA and …
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
St. Mary's Law Journal
Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Marquette Sports Law Review
No abstract provided.
"Yelling Fire" And Hacking: Why The First Amendment Does Not Permit Distributing Dvd Decryption Technology?, Bonnie L. Schriefer
"Yelling Fire" And Hacking: Why The First Amendment Does Not Permit Distributing Dvd Decryption Technology?, Bonnie L. Schriefer
Fordham Law Review
No abstract provided.
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.