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Articles 1 - 14 of 14
Full-Text Articles in Law
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Faculty Publications
No abstract provided.
Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod
Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins
Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins
Law Faculty Research Publications
A legal doctrine conceived in ambiguity seldom achieves clarity with the passage of time. Such had been the experience with the Noerr-Penningon doctrine, the principal focus of this article. In its first Noerr-Pennington decision in 16 years, Allied Tube & Conduit Corp. v. Indian Head, Inc., the Supreme Court created new uncertainties. However, it also offered hope for resolution of some of the inconsistencies that have plagued the doctrine. It did this by distinguishing sharply between harm caused directly by petitioning activity (for which petitioners may be liable), and harm caused by requested government action (for which petitioners may …
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Scholarly Articles
Not available.
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Faculty Publications
No abstract provided.
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
All Faculty Scholarship
No abstract provided.
Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii
Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii
Scholarly Articles
No abstract provided.
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Faculty Publications
No abstract provided.
Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav
Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav
Faculty Scholarship
Writing The Name of the Rose, observed Umberto Eco, made him aware of the "echoes of intertextuality." He discovered what "Homer, Rabelais and Cervantes have always known: . . .books always speak of other books, and every story tells a story that has already been told."' The same applies to political and legal theories: they weave the past into the present. Thus, in articulating justifications for freedom of speech, one may look to modern works such as Milton or John Stuart Mill, or one may reach farther back to Aristotle, Plato or Pericles. The choice of intellectual sources as …
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi
Faculty Scholarship
"[T]he working class and the employing class have nothing in common ....” So began the Preamble to the Constitution of the I.W.W., the Industrial Workers of the World. "Between these two classes a struggle must go on until the workers of the World organize as a class, take possession of the earth, and the machinery of production and abolish the wage system." Nicknamed the Wobblies, this group advocated a form of militant unionism built around the ideal of One Big Union embracing all industries. The I.W.W. enjoyed its strongest appeal among the miners, loggers, agricultural laborers, and construction workers of …
"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young
"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young
Articles & Book Chapters
We have seen in recent years a growing demand to recognize the victims’ rights and needs. In Canadian jurisdictions this has resulted in the introduction of victims-witness assistance programs that are designed to provide support to a victim of crime throughout the court process. Compensation boards have also been set up to provide financial remuneration w those who have suffered injury or loss at the hands of the perpetrator of the crime. In the United States, however, a more aggressive scheme for providing victim redress has been adopted by a number of the state legislatures. These "Son of Sam" laws, …