Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski Dec 2012

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Articles

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as ...


The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin Jan 2012

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial exception ...


Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter Jan 2012

Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter

Articles

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament ...


Lies And The Constitution, Helen Norton Jan 2012

Lies And The Constitution, Helen Norton

Articles

Although the Supreme Court declared almost forty years ago that “there is no constitutional value in false statements of fact,” the Court in United States v Alvarez ruled that the First Amendment protects at least some -- and perhaps many -- intentional lies from government prohibition. In Alvarez, a divided Court struck down the Stolen Valor Act, a federal statute that made it a crime for any person to state falsely that he or she had received a military decoration or medal. In three separate opinions, all of the Justices agreed that the First Amendment permits the government to punish at least ...


Secrets, Lies, And Disclosure, Helen Norton Jan 2012

Secrets, Lies, And Disclosure, Helen Norton

Articles

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the ...


Government Speech In Transition, Helen Norton Jan 2012

Government Speech In Transition, Helen Norton

Articles

This symposium essay explores the legacy of the Supreme Court’s decision in Johanns v. Livestock Mktg. Ass’n. There the Court offered its clearest articulation to date of its emerging government speech doctrine. After characterizing contested expression as the government’s, the Court then held such government speech to be exempt from free speech clause scrutiny. In so doing, the Court solved at least one substantial problem, but created others that remain unresolved today. On one hand, Johanns marked the Court’s long overdue recognition of the ubiquity and importance of government speech, appropriately exempting the government’s own ...


Nonbelievers And Government Speech, Caroline Mala Corbin Jan 2012

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the ...


When Bad Speech Does Good, Mary Anne Franks Jan 2012

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.


Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin Jan 2012

Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin

Articles

No abstract provided.


Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii Jan 2012

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii

Articles

No abstract provided.


The Problem Of Trans-National Libel, Lili Levi Jan 2012

The Problem Of Trans-National Libel, Lili Levi

Articles

Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which ...