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Articles 1 - 17 of 17
Full-Text Articles in Law
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Northern Illinois University Law Review
This casenote analyzes Rosenberger v. Rector & Visitors of the University of Virginia and determines that the Court misapplied Establishment Clause precedent and erroneously rejected the three-prong Lemon test. In examining the decision, the note provides a brief historical overview of the development of the numerous tests surrounding the Establishment Clause, focusing primarily on the past fifty years. The note concludes that in failing to mention the Lemon test, Rosenberger merely adds more confusion to the already bewildering area of Establishment Clause jurisprudence.
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Northern Illinois University Law Review
This article addresses the concerns involved with the recently enacted Religious Freedom Restoration Act and how this sets the stage for a revisiting of Employment Division, Department of Human Resources of Oregon v. Smith. This article suggests that full Free Exercise protections can be extended to most contexts if they are withdrawn from others. The goal is to accomplish a principled approach that does not contravene the spirit of the First Amendment. The proposed limiting principles argue collectively that full protections should be reserved for personal, central beliefs and actions about personal conduct whose accommodation does not raise Establishment issues, …
Do You Need A Lawyer? You May Have To Wait 30 Days: The Supreme Court Went Too Far In Florida Bar V. Went For It, Inc. , Daniel L. Zelenko
Do You Need A Lawyer? You May Have To Wait 30 Days: The Supreme Court Went Too Far In Florida Bar V. Went For It, Inc. , Daniel L. Zelenko
American University Law Review
No abstract provided.
Panel Ii: Censorship Of Cable Television’S Leased And Public Access Channels: Current Status Of Alliance For Community Media V. Fcc , Stuart W. Gold, Marjorie Heins, James N. Horwood, Robert T. Perry
Panel Ii: Censorship Of Cable Television’S Leased And Public Access Channels: Current Status Of Alliance For Community Media V. Fcc , Stuart W. Gold, Marjorie Heins, James N. Horwood, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Communication Breakdown: Developing An Antitrust Model For Multimedia Mergers And Acquisitions, H. Peter Nesvold
Communication Breakdown: Developing An Antitrust Model For Multimedia Mergers And Acquisitions, H. Peter Nesvold
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Changing Landscape Of Jurisprudence In Light Of The New Communications And Media Alliances, Creighton O'M. Condon, Robert D. Joffe, Nicholas J. Jollymore, John R. Tyler
Panel I: The Changing Landscape Of Jurisprudence In Light Of The New Communications And Media Alliances, Creighton O'M. Condon, Robert D. Joffe, Nicholas J. Jollymore, John R. Tyler
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rosenberger V. Rector & Visitors Of The University Of Virginia: The Myth Of The Content Neutral Establishment Clause, Mark Daniel Salzberg
Rosenberger V. Rector & Visitors Of The University Of Virginia: The Myth Of The Content Neutral Establishment Clause, Mark Daniel Salzberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Richmond Journal of Law & Technology
The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …
Ethnic Team Names And Logos - Is There A Legal Solution?, Cathryn L. Claussen
Ethnic Team Names And Logos - Is There A Legal Solution?, Cathryn L. Claussen
Marquette Sports Law Review
No abstract provided.
Personal Jurisdiction Based On Advertising: The First Amendment And Federal Liberty Issues, Keith H. Beyler
Personal Jurisdiction Based On Advertising: The First Amendment And Federal Liberty Issues, Keith H. Beyler
Missouri Law Review
Part I of this Article illustrates the potential impact of treating advertising as a basis for personal jurisdiction by looking at how such treatment might deter interstate advertising by abortion providers. Parts II and III examine whether advertising is a basis for personal jurisdiction under the current requirements and ground rules for personal jurisdiction laid down by the Supreme Court. Parts IV and V examine First Amendment and federalism arguments for treating advertising as an insufficient basis for personal jurisdiction.
Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis
Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis
Journal of Law and Health
In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why …
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Touro Law Review
No abstract provided.