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Articles 1 - 30 of 84
Full-Text Articles in Law
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
William & Mary Bill of Rights Journal
No abstract provided.
You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar
You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar
Federal Communications Law Journal
Public broadcast stations in the United States are forbidden to air promotional announcements in exchange for payment from commercial entities. However, these stations must acknowledge any financial contribution from donors that support particular programs without promoting the goods and services offered by those donors. While the FCC has attempted to maintain the conceptual distinction between promotional and nonpromotional information, it has struggled to apply this distinction within the context of an evolution in advertising practice.
As a result, many noncommercial educational licensees find it difficult to apply the FCC's rules. A careful analysis of how the FCC underwriting determinations yields …
Broadcast Technology As Diversity Opportunity: Exchanging Market Power For Multiplexed Signal Set- Asides, Michael M. Epstein
Broadcast Technology As Diversity Opportunity: Exchanging Market Power For Multiplexed Signal Set- Asides, Michael M. Epstein
Federal Communications Law Journal
This Article proposes an access system based on a theory of quid pro quo: a bargained.for-exchange in which broadcasters would trade media access for market power. Under this quid pro quo approach, the FCC would administer a scaled metric whereby the greater a media company's audience reach, the more access that company must provide to citizens with diverse and local content. Since digital technology permits broadcasters to "multiplex" their television signal bandwidth into multiple signal programming streams, an opportunity exists for the government to require public access to one or more of these programming streams in return for relaxing caps …
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
William & Mary Law Review
Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, …
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
University of Arkansas at Little Rock Law Review
No abstract provided.
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
University of Arkansas at Little Rock Law Review
No abstract provided.
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
University of Arkansas at Little Rock Law Review
No abstract provided.
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
Defining Freedom Of The College Press After "Hosty V. Carter", Jessica B. Lyons
Defining Freedom Of The College Press After "Hosty V. Carter", Jessica B. Lyons
Vanderbilt Law Review
The application of the First Amendment to public universities has long been a source of confusion and frustration for both universities and courts. In particular, application of the First Amendment to student publications such as newspapers, magazines, and yearbooks has led to a great deal of litigation and controversy. The protection afforded by the First Amendment to these publications at the university level is extremely unclear and the circuit courts' inconsistent treatment of the college press has further confused the issue.
How should the First Amendment apply to public universities? An instinctive response is that a college student should enjoy …
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
William & Mary Bill of Rights Journal
No abstract provided.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
William & Mary Bill of Rights Journal
No abstract provided.
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
William & Mary Bill of Rights Journal
No abstract provided.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
William & Mary Bill of Rights Journal
No abstract provided.
From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein
From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein
William & Mary Law Review
Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as …
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
Buffalo Public Interest Law Journal
No abstract provided.
Contents, First Amendment Law Review
The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy
The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy
First Amendment Law Review
No abstract provided.
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
First Amendment Law Review
No abstract provided.
Kitzmiller And The Is It Science Question, Jay D. Wexler
Kitzmiller And The Is It Science Question, Jay D. Wexler
First Amendment Law Review
No abstract provided.
Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier
Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier
First Amendment Law Review
No abstract provided.
Why It Mattered To Dover That Intelligent Design Isn't Science, Richard B. Katskee
Why It Mattered To Dover That Intelligent Design Isn't Science, Richard B. Katskee
First Amendment Law Review
No abstract provided.
Vestiges Of The Establishment Clause, Steven G. Gey
Vestiges Of The Establishment Clause, Steven G. Gey
First Amendment Law Review
No abstract provided.
Establishing Anti-Foundationalism Through The Pledge Of Allegiance Cases, Anthony R. Picarello Jr.
Establishing Anti-Foundationalism Through The Pledge Of Allegiance Cases, Anthony R. Picarello Jr.
First Amendment Law Review
No abstract provided.
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
Nevada Law Journal
No abstract provided.
Student Speech Rights In The Modern Era, Brett Thompson
Student Speech Rights In The Modern Era, Brett Thompson
Mercer Law Review
Many things have changed since the United States Supreme Court's last major student speech case, Hazelwood School District v. Kuhlmeier, was decided in 1988. In 1999 a tragic school shooting occurred at Columbine High School in Colorado. During that same time period, there were a number of other occurrences of major violence at public schools. Since then, schools and legislatures have scrambled to prevent the occurrence of similar incidents. For example, a number of states have enacted anti-bullying statutes. Some were motivated to do so by a U.S. Secret Service report indicating that bullying played a role in many …