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Articles 1 - 10 of 10
Full-Text Articles in Law
Bell V. Wolfish, Lewis F. Powell, Jr.
Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.
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
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
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
First Amendment Ancillary Doctrines, David S. Bogen
Faculty Scholarship
No abstract provided.
Federalism And Obscenity, Robert M. O'Neil
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
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
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
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
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 …