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Articles 1 - 11 of 11

Full-Text Articles in Law

Lynch V. Donnelly, Lewis F. Powell Jr Oct 1983

Lynch V. Donnelly, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples Apr 1983

Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples

University of Arkansas at Little Rock Law Review

No abstract provided.


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson Jan 1983

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Origins Of Freedom Of Speech And Press, David S. Bogen Jan 1983

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.


A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins Jan 1983

A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins

Law Faculty Publications

This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …


The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen Jan 1983

The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen

Seattle University Law Review

This comment suggests a test in civil cases that enables a court to determine if there is a first amendment interest in protecting a source’s confidentiality. If a journalist can demonstrate this interest, then the burden shifts to the litigant seeking disclosure. This comments suggests three criteria through which the litigant must persuade the court that the state’s interest outweighs the first amendment interest. The test suggested by this comment should increase protection for the first amendment interest by decreasing the number of disclosure orders issued and by giving journalists and their confidential sources a basis for predicting in advance …


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


A Unified Theory Of The First Amendment:, Mark S. Nadel Jan 1983

A Unified Theory Of The First Amendment:, Mark S. Nadel

Fordham Urban Law Journal

The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …


An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel Jan 1983

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …


In The End Is The Beginning: An Inquiry Into The Meaning Of The Religion Clauses, Jonathan Van Patten Dec 1982

In The End Is The Beginning: An Inquiry Into The Meaning Of The Religion Clauses, Jonathan Van Patten

Jonathan Van Patten

No abstract provided.