Law Commons^™

Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah

Faculty Scholarship

As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.

Reflections Of Irac, Chris Iijima, Beth Cohen

Faculty Scholarship

The Authors discuss IRAC as a tool to help students provide structure to legal analysis. Students use this tool not only in writing objective and persuasive memos and briefs, but also in writing answers to examination questions. The Authors give their comments, highlighted by the “Point/Counterpoint,” which present a wide range of views on the efficacy of this tool.

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.

A Square Peg In A Vicious Circle: Stephen Breyer's Optimistic Prescription For The Regulatory Mess, Eric J. Gouvin

Faculty Scholarship

This Article reviews the book by Supreme Court Justice, Steven G. Breyer, "Breaking The Vicious Circle: Toward Effective Risk Regulation. " The Author discusses this book's most significant contribution that draws attention to the current regulatory regime's systemic problems, thereby encouraging serious discussion about how to "reinvent" the regulatory process. Breyer courageously points out that the political legitimacy of the process rests to some degree on the effectiveness of its product. This Review outlines the systemic problems and the "vicious circle" identified by Justice Breyer and then proceeds to review his proposed solution. The final part presents several criticisms of …

Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn

Faculty Scholarship

A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.

The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …