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Selected Works

2015

Constitutional Law

Howard M Wasserman

Articles 1 - 11 of 11

Full-Text Articles in Law

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman Feb 2015

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman Feb 2015

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman Feb 2015

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Howard M Wasserman

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a …


Cheers, Profanity, And Free Speech, Howard M. Wasserman Feb 2015

Cheers, Profanity, And Free Speech, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman Feb 2015

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Howard M Wasserman

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …


Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman Feb 2015

Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman Feb 2015

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Howard M Wasserman

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …


Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman Feb 2015

Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Reappropriating Judicial Activism, Howard M. Wasserman Feb 2015

Reappropriating Judicial Activism, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Structural Principles And Presidential Succession, Howard M. Wasserman Feb 2015

Structural Principles And Presidential Succession, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Symbolic Counter-Speech, Howard M. Wasserman Feb 2015

Symbolic Counter-Speech, Howard M. Wasserman

Howard M Wasserman

No abstract provided.