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Full-Text Articles in Law

Bell V. Wolfish, Lewis F. Powell, Jr. Oct 1978

Bell V. Wolfish, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr. Oct 1978

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin Jun 1978

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …


The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne Jan 1978

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.


First Amendment Ancillary Doctrines, David S. Bogen Jan 1978

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.


Federalism And Obscenity, Robert M. O'Neil Jan 1978

Federalism And Obscenity, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …


Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer Jan 1978

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.


Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer Jan 1978

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.


The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman Jan 1978

The Business Of The Supreme Court Under The Judiciary Act Of 1925: The Plenary Docket In The 1970'S, Arthur D. Hellman

Articles

During the last decade, the Supreme Court has been deciding 65 to 70 cases a Term after oral argument. That represents a sharp decline from the 1970s and 1980s, the era of the Burger Court, when the Court was deciding about 150 cases a Term. The Burger Court’s docket, in turn, reflected a shift from the 1960s, when the docket was smaller. In short, what is “normal” for the plenary docket varies from one era to another. The period of the Burger Court retains a special interest in that regard because that was the only period after World War II …