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Articles 1 - 6 of 6
Full-Text Articles in Law
Press Exceptionalism, Sonja R. West
Press Exceptionalism, Sonja R. West
Scholarly Works
Thanks to advances in mass communication technology, it is now easier and cheaper for all of us to share information with each other. This new ability allows us to act in ways that often seem “press-like.” We might, for example, tweet a warning to our friends about a traffic jam or blog about an upcoming election. Armed with nothing more than a smart phone or a laptop, each of us can share information about matters of public interest to a potentially broad audience in a timely manner — thus engaging in the very activities that were once considered the exclusive …
First Amendment Neighbors, Sonja R. West
First Amendment Neighbors, Sonja R. West
Scholarly Works
An abdication of the Press Clause reflects the most basic of analytical errors: It treats the text of the Press Clause as redundant and ignores the specialized functions that the Framers meant for the Press Clause to play. Failing to give the Press Clause constitutional recognition by declaring it too difficult to interpret or by dismissing it as "mere surplusage" is utterly at odds with our constitutional traditions. The Religion Clauses provide an example on how to give the text of the Press Clause true meaning.
In interpreting the Religion Clauses, the Supreme Court has taken a different attitude than …
The Stealth Press Clause, Sonja R. West
The Stealth Press Clause, Sonja R. West
Scholarly Works
In this piece, however, I pause to push back on the conventional wisdom that the Court actually has refused to view the press as constitutionally special. Contrary to what we have been told, I contend the Supreme Court has indeed recognized the press as constitutionally unique from nonpress speakers. The justices have done so implicitly and often in dicta, but nonetheless they have continually and repeatedly treated the press differently. While rarely acknowledged explicitly, this "Stealth Press Clause" has been hard at work carving out special protections for the press,guiding the Court's analysis and offering valuable insights into how we …
Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia
Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia
Scholarly Works
Collective bargaining by public sector employees has been the subject of recent heated debates in the state legislatures of Wisconsin, Michigan, Ohio, and Indiana. The right of public sector employees to freedom of association, collective bargaining, and the right to participate in politics are among the “citizenship rights” of public employees. In many states, however, the citizenship rights of public employees are under threat both in state legislatures and in the courts. Paradoxically, the ability of public sector employees to change legislation has been hampered over the years by Supreme Court decisions, making it more difficult to organize politically by …
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian C. Bartrum
Scholarly Works
This essay explores the Supreme Court's decision to reenter the debate over legislative prayers, and the Solicitor General's curious decision to enter the case in defense of Greece, New York's (somewhat dubious) practice. I suggest that the Court's decision, and the Solicitor's brief, can best be understood as part of larger conflict over Establishment Clause doctrine moving forward.
A Restatement Of Health Care Law, David Orentlicher
A Restatement Of Health Care Law, David Orentlicher
Scholarly Works
No abstract provided.