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Articles 1 - 30 of 194
Full-Text Articles in Law
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Daniel L. Brenner
ABSTRACT: The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for “network neutrality” or “nondiscrimination” assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This article’s chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation -- a key assumption of some advocates. The article analyzes three characteristics that hobble the FCC, the likeliest federal agency to provide prescriptive rules. First, the record for the …
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2008: The Hatred Of Unions, Bruce Ledewitz
December 18, 2008: The Hatred Of Unions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hatred of Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 22, 2008: Mike Huckabee’S Christian Party, Bruce Ledewitz
November 22, 2008: Mike Huckabee’S Christian Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Mike Huckabee’s Christian Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2008: The Mormon Church And Proposition 8, Bruce Ledewitz
November 17, 2008: The Mormon Church And Proposition 8, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Mormon church and Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Turkish Cross-Border Operations Into Northern Iraq: International Law And Use Of Force Analysis, Charles Bowers
Turkish Cross-Border Operations Into Northern Iraq: International Law And Use Of Force Analysis, Charles Bowers
Charles Bowers
No abstract provided.
November 8, 2009: Who Lost California?, Bruce Ledewitz
November 8, 2009: Who Lost California?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Who Lost California?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Swing State Voter’S Epiphany, Erin Ryan
A Swing State Voter’S Epiphany, Erin Ryan
Erin Ryan
This op-ed forecasts redemption for the fractured American electorate based on deep election-day kindnesses in politically divided southeastern Virginia.
Northwest Austin Municipal Utility District Number One V. Mukasey: The Supreme Court's Opportunity To Examine And Clarify The Law Surrounding Section 5 Of The Voting Rights Act, Matthew C. Dahl
Matthew C. Dahl
No abstract provided.
November 4, 2008: Praying For Victory In This Election, Bruce Ledewitz
November 4, 2008: Praying For Victory In This Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “Praying for Victory in this Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz
November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion and the 2008 Campaign“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From “Blood Diamond” To “Blood Coltan”: Should International Corporations Pay The Price For The Rape Of The Dr Congo?, Maheta Matteo Molango
From “Blood Diamond” To “Blood Coltan”: Should International Corporations Pay The Price For The Rape Of The Dr Congo?, Maheta Matteo Molango
Maheta Matteo Molango
This paper discusses the role of multinational corporations, and in particular US companies, in fueling two devastating civil wars and contributing to the climate of tension currently existing in Africa’s Great Lakes’ region. The discussion focuses on the exploitation of a relatively unknown mineral called “coltan,” indispensable for the production of cell phones, laptops and many other electronic devices. My analysis offers readers several elements that are essential to understanding the close relationship between the exploitation of Congolese minerals, international companies and rebel groups operating in the region. From a legal point of view, I have attempted to explore some …
October 31, 2008: John Mccain Versus Barack Obama, Bruce Ledewitz
October 31, 2008: John Mccain Versus Barack Obama, Bruce Ledewitz
Hallowed Secularism
Blog post, “John McCain versus Barack Obama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 29, 2008: The Federalist Society And Free Speech, Bruce Ledewitz
October 29, 2008: The Federalist Society And Free Speech, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Federalist Society and Free Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"Nasty As They Wanna Be", Terri R. Day
"Nasty As They Wanna Be", Terri R. Day
Terri R. Day
"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.
Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai
Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai
Robert L Tsai
This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …
October 26, 2008: I Love Jim Webb, Bruce Ledewitz
October 26, 2008: I Love Jim Webb, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Love Jim Webb “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"Nasty As They Wanna Be", Terri R. Day
"Nasty As They Wanna Be", Terri R. Day
Terri R. Day
"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.
October 24, 2008: There Is No Pro-Life Vote In This Election, Bruce Ledewitz
October 24, 2008: There Is No Pro-Life Vote In This Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “ “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Can State Health Reform Initiatives Achieve Universal Coverage? California's Recent Failed Experiment, Susan A. Channick
Can State Health Reform Initiatives Achieve Universal Coverage? California's Recent Failed Experiment, Susan A. Channick
Susan Channick
No abstract provided.
October 11, 2008: Governor Palin Should Resign From The Ticket, Bruce Ledewitz
October 11, 2008: Governor Palin Should Resign From The Ticket, Bruce Ledewitz
Hallowed Secularism
Blog post, “Governor Palin Should Resign from the Ticket“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The “Political Marketplace” Metaphor From A Labor-Centric Perspective, Thomas Tso
The “Political Marketplace” Metaphor From A Labor-Centric Perspective, Thomas Tso
Thomas Tso
The use of the political marketplace analogy is common in the academic literature on the law of democracy. The analogy between a consumer and voter lies at the heart of this analogy. This article presents an alternative vision of the marketplace analogy. Instead of a consumer-voter, this article presents a marketplace framework that relies instead on an analogy between laborer and voter. Through the use of judicial opinions, discussions in labor law, labor economics, and political science, this article presents an alternative political marketplace framework with implications for how we use the marketplace analogy in policy and legal contexts.
"Nasty As They Wanna Be", Terri R. Day
"Nasty As They Wanna Be", Terri R. Day
Terri R. Day
"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.
October 20, 2008: The Jews And The 2008 Election, Bruce Ledewitz
October 20, 2008: The Jews And The 2008 Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Jews and the 2008 Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz
October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Anti-Voter Conspiracy of the Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nasty As They Wanna Be, Terri R. Day
Nasty As They Wanna Be, Terri R. Day
Terri R. Day
"Nasty as They Wanna Be" reflects on the social and legal implications of campaign speech restrictions. On the heels of a vigorously fought presidential election, much of voters' and media attention focused on the tenor of the campaign ads and accusations. Although most states and municipalities have some type of "clean campaign" speech restrictions, this paper takes the view that such attempts are per se unconstitutional. The relevance of the "market place of ideas" and New York Times v. Sullivan remains paramount when government attempts to control the content of political discourse during campaigns.
October 16, 2008: The Capture Of The Protestant Right By Capitalism, Bruce Ledewitz
October 16, 2008: The Capture Of The Protestant Right By Capitalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Capture of the Protestant Right by Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 14, 2008: Netroots Nation Comes To Pittsburgh, Bruce Ledewitz
October 14, 2008: Netroots Nation Comes To Pittsburgh, Bruce Ledewitz
Hallowed Secularism
Blog post, “Netroots Nation Comes to Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Constitution By Compromise, Howard Schweber, Amnon Cavari
Constitution By Compromise, Howard Schweber, Amnon Cavari
Howard Schweber
The question of empowering the court and the limits of constitutional protection are at the heart of the debate over constitutional design in Israel. Lacking a comprehensive written constitution, Israel nonetheless has a set of basic laws which encompass many of the functions of a constitutional text making it a near-complete constitution. Nonetheless, there continues to be considerable support for the idea of a single, formally adopted constitutional text. Recently, several proposals have been brought to the forefront of political discussions through the actions of various interest groups outside the government, and energized and committed efforts by government officials and …
A Troubled House Of Cards: Examining How The “Housing And Economic Recovery Act Of 2008” Fails To Resolve The Foreclosure Crisis, Chad Emerson
Chad Emerson
No abstract provided.