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Articles 1 - 12 of 12

Full-Text Articles in Law

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton Oct 1995

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions ...


Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong Jun 1995

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.


Positivism And Antipositivism In Federal Courts Law, Michael Wells Apr 1995

Positivism And Antipositivism In Federal Courts Law, Michael Wells

Scholarly Works

What is the proper role of rules in federal courts law? Some scholars associated with the Legal Process assert that rules are unimportant here. They believe that the values of principled adjudication and reasoned elaboration should take precedence over the making and application of rules. The area is, in the jargon of jurisprudence, "antipositivist." Others maintain that rules do, or at any rate should, count heavily in federal courts' decisionmaking. In this Article, I argue that Legal Process scholars are right to spurn formalism in most parts of federal courts law. But the Legal Process model of federal courts law ...


Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder Feb 1995

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder Jan 1995

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

Nancy S. Marder

No abstract provided.


Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte Jan 1995

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.


Federalization: A Critical Overview, William P. Marshall Jan 1995

Federalization: A Critical Overview, William P. Marshall

Faculty Publications

No abstract provided.


United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks Jan 1995

United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks

Fordham Law Review

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Articles

No abstract provided.


1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin Jan 1995

1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin

Faculty Publications

No abstract provided.


Eye On Justice, Roger J. Miner '56 Jan 1995

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.


Busting The Hart & Wechsler Paradigm, Michael L. Wells Jan 1995

Busting The Hart & Wechsler Paradigm, Michael L. Wells

Scholarly Works

Federal Courts law was once a vibrant area of scholarship and an essential course for intellectually ambitious students. Now its prestige has diminished so much that scholars debate its future in a recent issue of the Vanderbilt Law Review, where even one of its champions calls it (albeit in the subjunctive mood) a “scholarly backwater.” What, if anything, went wrong, and what should Federal Courts scholars do about it? In his contribution to the Vanderbilt symposium, Richard Fallon defends the reigning model of Federal Courts law, an approach to jurisdictional issues that dates from the publication in 1953 of Henry ...