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Full-Text Articles in Law

Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla Sep 2015

Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla

Rod Smolla

No abstract provided.


Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla Jul 2015

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Rod Smolla

Not available.


Terrorism And The Bill Of Rights, Rodney A. Smolla Jul 2015

Terrorism And The Bill Of Rights, Rodney A. Smolla

Rod Smolla

This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help. In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …


The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla Jul 2015

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Rod Smolla

None available.


The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla Jul 2015

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Rod Smolla

Not available.


Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla Jul 2015

Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla

Rod Smolla

None available.


The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla Jul 2015

The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla

Rod Smolla

None available.


Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla Jul 2015

Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla

Rod Smolla

The legal profession has historically asserted moral and legal authority to substantially control the speech of judges and lawyers. This impulse to control the speech of judges and lawyers is driven by many of the profession’s most strongly held interests and values. These include such interests as ensuring the fair administration of justice, the promotion of respect for the rule of law, the preservation of public confidence in the legal system, the preservation of the appearance of judicial impartiality, the maintenance of professionalism, and the safeguarding of the dignity of the profession. Some of these interests are palpable and may …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jul 2015

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Rod Smolla

No abstract provided.


First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla Jul 2015

First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla

Rod Smolla

No abstract provided.


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone Jul 2015

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone

Rod Smolla

None available.


Privacy And The First Amendment Right To Gather News, Rodney A. Smolla Jul 2015

Privacy And The First Amendment Right To Gather News, Rodney A. Smolla

Rod Smolla

Not available.


Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla Jul 2015

Politics And Due Process Don't Mix: Should The State Claims Commission Be Abolished, Rodney A. Smolla

Rod Smolla

Not available.


Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla Jul 2015

Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla

Rod Smolla

None available.


Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla Jul 2015

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Rod Smolla

No abstract provided.


Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla Jul 2015

Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla

Rod Smolla

Not available.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jul 2015

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Rod Smolla

No abstract provided.


Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla Jul 2015

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Rod Smolla

No abstract provided.


Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla Jul 2015

Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla

Rod Smolla

Not available.


Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Jul 2015

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

Rod Smolla

Not available.


The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla Jul 2015

The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla

Rod Smolla

Not available.


Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla Jul 2015

Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla

Rod Smolla

Not available.


The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla Jul 2015

The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla

Rod Smolla

Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …


Dun & Bradstreet, Hepps, And Liberty Lobby: New Analytic Primer On The Future Course Of Defamation, Rodney A. Smolla Jul 2015

Dun & Bradstreet, Hepps, And Liberty Lobby: New Analytic Primer On The Future Course Of Defamation, Rodney A. Smolla

Rod Smolla

Not available.


The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla Jul 2015

The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla

Rod Smolla

Not available.


The Erosion Of The Principle That The Government Must Follow Self-Imposed Rules, Rodney A. Smolla Jul 2015

The Erosion Of The Principle That The Government Must Follow Self-Imposed Rules, Rodney A. Smolla

Rod Smolla

No abstract provided.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Jul 2015

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

Rod Smolla

No abstract provided.


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 2015

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Rod Smolla

Not available.


In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla Jul 2015

In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla

Rod Smolla

None available.


Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla Jul 2015

Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla

Rod Smolla

Not available.