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Articles 1 - 30 of 49
Full-Text Articles in Law
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Timothy Zick
No abstract provided.
The Second Amendment As A Fundamental Right, Timothy Zick
The Second Amendment As A Fundamental Right, Timothy Zick
Timothy Zick
The Second Amendment has been suffering from an inferiority complex. Litigants, scholars, and judges have complained that the right to keep and bear arms is not being afforded the respect and dignity befitting a “fundamental” constitutional right. They have asserted that, both on its own terms and relative to rights in the same general class, the Second Amendment has been disrespected, under-enforced, and orphaned. They have argued that courts have treated the Second Amendment as “peripheral,” “fringe,” “anachronistic,” “second rate,” and “second-class.” The Second Amendment has been described as “the Rodney Dangerfield of the Bill of Rights” and even compared …
Arming Public Protests, Timothy Zick
Arming Public Protests, Timothy Zick
Timothy Zick
Public protests have become armed events, with protesters and counter-protesters openly carrying firearms—generally pursuant to state law. Many view the presence of firearms at protest events as wholly incompatible with the exercise of First Amendment free speech and assembly rights. Although the Supreme Court has yet to decide whether there is a Second Amendment right to openly carry firearms in public, all but a small handful of states in the United States provide some legal protection for open carry. Taking the law as it currently stands, this Article provides a comprehensive assessment of the options available to officials who seek …
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Timothy Zick
No abstract provided.
When Free Speech And Free Enterprise Collide, Cathy Lewis, Timothy Zick, Joe Howell
When Free Speech And Free Enterprise Collide, Cathy Lewis, Timothy Zick, Joe Howell
Timothy Zick
It's been a month since comments by Chick-fil-A President and COO Dan Cathy galvanized some while incensing others, and amplified the nationwide conversation about marriage equality. Instead of revisiting the debate, HearSay host Cathy Lewis examines the complex interplay of civil and economic liberties that first fostered the controversy.
“Facebook In The Flesh”, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
War And The Politics Of Free Speech, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Timothy Zick
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Timothy Zick
No abstract provided.
The Occupation — Place, Balance, And Proximity, Timothy Zick
The Occupation — Place, Balance, And Proximity, Timothy Zick
Timothy Zick
No abstract provided.
The Fleeting Expletives Case, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
Timothy Zick
No abstract provided.
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Timothy Zick
No abstract provided.
The First Amendment And The World, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
Timothy Zick
Military funeral protests are offensive, but protected free speech.
The Dark Side Of Territoriality, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Timothy Zick
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Supreme Court Preview 2014-2015: First Amendment, Timothy Zick, Walter E. Dellinger Iii, Paul Smith, Dahlia Lithwick
Supreme Court Preview 2014-2015: First Amendment, Timothy Zick, Walter E. Dellinger Iii, Paul Smith, Dahlia Lithwick
Timothy Zick
No abstract provided.
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Timothy Zick
No abstract provided.
Rights Dynamism, Timothy Zick
Right Of The Occupiers, Jimmy Barrett, Timothy Zick
Right Of The Occupiers, Jimmy Barrett, Timothy Zick
Timothy Zick
No abstract provided.
Second Life And Cyber-Activism, Timothy Zick
Recovering The Assembly Clause, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Timothy Zick
No abstract provided.
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Timothy Zick
No abstract provided.
Property, Place, And Public Discourse, Timothy Zick
Property, Place, And Public Discourse, Timothy Zick
Timothy Zick
No abstract provided.
Professional Rights Speech, Timothy Zick
Professional Rights Speech, Timothy Zick
Timothy Zick
Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …