Law Commons^™

Editorial, Succession Question Requires Amendment, Randy Lee

Randy Lee

No abstract provided.

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson

Darren L Hutchinson

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.

Licensing Speech: The Case Of Vanity Plates, Marybeth Herald

Marybeth Herald

Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.

Under traditional First Amendment doctrine, vanity license plates …

The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Federal Funding Conditions: Bursting Through The Dole Loopholes, Celestine Mcconville

Celestine Richards McConville

No abstract provided.

Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.

The Mischief Of Cohen V. Cowles Media Co., Alan E. Garfield

Alan E Garfield

For a short, sloppily reasoned 5-4 decision that textbook editors have largely consigned to note status, Cohen v. Cowles Media Co. has had a remarkably insidious influence on First Amendment law. The problem is not so much the decision’s holding. The Supreme Court’s conclusion that newspapers could be liable for breaching a promise of anonymity to a source might actually further speech interests. The problem instead is in Cohen’s reasoning. It is the way in which the Supreme Court so cavalierly dismissed the argument that the First Amendment precluded punishing media defendants for the publication of truthful information. The Court …

Laws As Treaties? The Constitutionality Of The Congressional-Executive Agreement, John C. Yoo

John C Yoo

This article develops a theory explaining the constitutionality of the congressional-executive agreement, an alternatve to treaties. The puzzle is that our nation continues to use treaties at all, since congressional-executive agreements need only recieve simple legislative majorities for their approval. This article argues that in order to maintain the Constitution's balance between executive and legislative powers, congressional-executive agreements have been used in areas of Congress's Article I, Section powers, and that treaties continue to be used in areas where cooperation between the executive and legislative branches is necessary, or where the subject lies outside of Congress's enumerated powers.

Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino

Michael R Dimino

All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino

Michael R. Dimino

No abstract provided.

"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety

Tamara R. Piety

This article compares the psychology of addition and the psychology of advertising and argues that the parallels suggest that some regulation of advertising is in the public interest.