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Articles 31 - 45 of 45
Full-Text Articles in Law
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Wikileaks And The First Amendment, Geoffrey R. Stone
Wikileaks And The First Amendment, Geoffrey R. Stone
Federal Communications Law Journal
FCBA Distinguished Speaker Series
In November 2010, Julian Assange's WikiLeaks collaborated with major media organizations to release thousands of classified U.S. State Department documents. American soldier Bradley Manning stands accused of leaking those documents to the website. In response, Congress introduced the SHIELD Act to amend the Espionage Act of 1917, making it a crime for any person to disseminate any classified information concerning American intelligence or the identity of a classified informant. Such sweeping language, while possibly constitutional as applied to government employees like Manning, is plainly unconstitutional as applied to those like Assange and WikiLeaks who subsequently publish …
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Cleveland State Law Review
This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
NYLS Law Review
No abstract provided.
The Case For The Third-Party Doctrine, Orin S. Kerr
The Case For The Third-Party Doctrine, Orin S. Kerr
Michigan Law Review
This Article offers a defense of the Fourth Amendment's third party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses. The third-party doctrine serves two critical functions. First, the doctrine ensures the technological neutrality of the Fourth Amendment. It corrects for the substitution effect of third parties that …
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
American University Law Review
No abstract provided.
Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist
American University Law Review
No abstract provided.
Reforming The Crime Of Libel, Clive Walker
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
American University Law Review
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Seattle University Law Review
This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …