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Full-Text Articles in Law

Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu May 2018

Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu

SAIPAR Case Review

No abstract provided.


University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller May 2018

University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller

Michigan Law Review

Universities are meant to be open marketplaces of ideas. This requires a commitment to both freedom of expression and inclusivity, two values that may conflict. When public universities seek to promote inclusivity by prohibiting or punishing speech that is protected by the First Amendment, courts must intervene to vindicate students’ rights. Currently, courts are split over the appropriate mode of analysis for reviewing public university regulation of student speech. This Note seeks to aid judicial review by clarifying the three existing approaches—public forum analysis, traditional categorical analysis, and a modified version of the Supreme Court’s education-specific speech doctrine—and proposes a …


Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum Apr 2018

Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum

The University of Cincinnati Intellectual Property and Computer Law Journal

This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues …


An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark Jan 2018

An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark

Louisiana Law Review

The article focuses on the development and creation of the morals clause as a means to curb various types of expression and historical context of the development of the implied obligation of good faith and public policy considerations influence the enforceability of some contracts.


The First Queer Right, Scott Skinner-Thompson Jan 2018

The First Queer Right, Scott Skinner-Thompson

Michigan Law Review

A review of Carlos A. Ball, The First Amendment and LGBT Equality: A Contentious History.