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Articles 1 - 11 of 11

Full-Text Articles in First Amendment

First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern Jan 2020

First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern

Faculty Publications

The 20th century emergence of the incorporation doctrine is regarded as a critical development in constitutional law, but while issues related to the doctrine's justification have been studied and debated for more than fifty years, the causes and mechanics of its advent have received relatively little academic attention. This Essay, part of a symposium on Judge Jeffrey Sutton's recent book about state constitutional law, examines the doctrinal origins of incorporation, in an effort to help uncover why the incorporation doctrine emerged when it did and the way it did. It concludes that, for these purposes, incorporation is best understood as …


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jun 2017

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Terrorism And Associations, Ashutosh A. Bhagwat Feb 2013

Terrorism And Associations, Ashutosh A. Bhagwat

Ashutosh Bhagwat

The domestic manifestation of the War on Terror has produced the most difficult and sustained set of controversies regarding the limits on First Amendment protections for political speech and association since the anti-Communist crusades of the Red Scare and McCarthy eras. An examination of the types of domestic terrorism prosecutions that have become common since the September 11 attacks reveals continuing and unresolved conflicts between national security needs and traditional protections for speech and (especially) associational freedoms. Yet the courts have barely begun to acknowledge, much less address, these serious issues. In the Supreme Court’s only sustained engagement with these …


The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr. Jan 1971

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.


The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley Jan 1971

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review

No abstract provided.


The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor Jan 1971

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review

No abstract provided.


Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford Jan 1971

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review

No abstract provided.


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jan 1971

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review

No abstract provided.


The Expansion Of Prisoners' Rights, Victor Rabinowitz Jan 1971

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review

No abstract provided.


Prisoners' Rights - A Prosecutor's View, James D. Crawford Jan 1971

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review

No abstract provided.


Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen Jan 1971

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review

No abstract provided.