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Full-Text Articles in Law
Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah
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.
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Scholarly Articles
None available.
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Law Faculty Articles and Essays
There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Exploiting The Artist's Commercial Identity: The Merchandizing Of Art Images, Jane C. Ginsburg
Exploiting The Artist's Commercial Identity: The Merchandizing Of Art Images, Jane C. Ginsburg
Faculty Scholarship
"Merchandizing properties" are not a recent arrival on the copyright and trademark scene. As early as the 1930s, the Walt Disney Company foresaw the substantial economic gains from licensing the images of its animated motion picture characters in a variety of consumer media, from publications, to soft toys, clothing and household items. Most recently, the World Intellectual Property Organization has prepared a substantial comparative law study of "Character Merchandising." The merchandizing of fine arts images, however, is a more recent development, and is one that has so far received less attention from academic commentators. This article offers some preliminary observations, …
Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein
Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein
Articles & Chapters
No abstract provided.
Public Institutions Of Culture And The First Amendment: The New Frontier, Lee C. Bollinger
Public Institutions Of Culture And The First Amendment: The New Frontier, Lee C. Bollinger
Faculty Scholarship
The general subject of my lecture today is the relationship between the First Amendment and public institutions of culture, which I take to be those sponsored and supported by the state with the clear purpose of preserving and promoting high culture in the United States. These include universities, museums, theaters, libraries, public broadcasting networks, programs for art in public places, and the national endowments for the arts and the humanities. All of these institutions or programs are vested with the responsibility of insuring the preservation of high human achievement in the areas to which they are devoted (knowledge, art, music, …