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The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein 2016 Cleveland-Marshall College of Law and Levin College of Urban Affairs, Cleveland State University

The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein

Fordham Urban Law Journal

No abstract provided.


Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer 2016 New York Civil Liberties Union; New York Law School

Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer

Fordham Urban Law Journal

No abstract provided.


Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich 2016 University of Virginia

Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich

Fordham Urban Law Journal

No abstract provided.


The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler 2016 Fordham Law School

The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler

Fordham Urban Law Journal

No abstract provided.


Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton 2016 Benjamin N. Cardozo School of Law, Yeshiva University

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Fordham Urban Law Journal

No abstract provided.


A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell 2016 The Catholic University of America, Columbus School of Law

A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell

Catholic University Law Review

The First Amendment has long been held to protect the right of citizens to gather information. In 1980, the Supreme Court articulated a two-pronged test in Richmond Newspapers v. Virginia, which examined both the “experience” and “logic” of granting public access to criminal trials. The jurisprudence of lower courts has since extended this qualified First Amendment presumptive right of access to civil trial and administrative hearings. This Comment examines the extension of this constitutional test to the governmental process at work at polling places. This Comment argues that the public, via the powerful vehicle of the press, ultimately meets the ...


Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras 2016 The Catholic University of America, Columbus School of Law

Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras

Catholic University Law Review

A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.

The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits ...


The First Amendment And The World, Timothy Zick 2016 William & Mary Law School

The First Amendment And The World, Timothy Zick

Popular Media

No abstract provided.


Petition For Certiorari, Curtis J Neeley, Jr 2016

Petition For Certiorari, Curtis J Neeley, Jr

Curtis J Neeley Jr

Amicus in Support of allowing the Act 301 11-week limit for artificially aborting human gestation.
Done as a petition for certiorari as
Curtis J. Neeley, Jr., Petitioner v. Louis Jerry Edwards, et al., (15-7059)
Denied Jan 8, 2016.


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong 2016 Professor of Law, University of Cincinnati College of Law

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and the ...


Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Len Niehoff, Ashley Messenger 2016 University of Michigan Law School

Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Len Niehoff, Ashley Messenger

University of Michigan Journal of Law Reform

In Milkovich v. Lorain Journal Co., the Supreme Court held that there is no separate constitutional protection for statements of opinion. It also held that an accusation that an individual lied is a statement of fact actionable in defamation. Lower courts have, correctly in our view, essentially ignored both holdings. In Part I we discuss Milkovich and the infirmities in its reasoning. In Part II we discuss the complex nature of lies and accusations of lies and argue that Milkovich failed to account for that complexity. In Part III we discuss the strategies the lower courts have used to steer ...


Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly 2016 University of Michigan Law School

Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly

University of Michigan Journal of Law Reform

The Colorado State Court of Appeals recently upheld an injunction restricting public displays of aborted fetuses. The court held that the restriction passed strict scrutiny because the state had a compelling interest in protecting children from the psychological harm of “disturbing images” and the injunction was narrowly tailored. This marked the first time an injunction had been upheld on this rationale. This Note critiques that holding and others. It contends that while some federal and state courts have recognized the interest in protecting the psychological wellbeing of children from disturbing speech as compelling, the interest is not supported by precedent ...


The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety 2016 University of Maryland Francis King Carey School of Law

The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety

Journal of Business & Technology Law

No abstract provided.


Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous provisions ...


How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn 2015 National Judicial Conduct and Disability Law Project, Inc.

How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn

Zena D. Crenshaw-Logal

Obviously U.S. state or federal prosecutors can be among the conspirators subjecting any given law enforcement whistleblower to retaliatory criminal prosecution.  In most instances such misdeeds are only under the color of law, i.e., they are the handy work of rogue government agents and do not constitute sovereign acts. However, according to the authors, an official or sovereign choice to “prefer” these oppressors is made each time a U.S. government agency opts not to thoroughly investigate their alleged whistleblower retaliation. The authors submit that all related convictions are accordingly void.  In addition to the “sworn public officer ...


The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee 2015 Chicago-Kent College of Law

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.


Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia 2015 Catholic University of America, Columbus School of Law

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents, 2015 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss 2015 Catholic University of America, Columbus School of Law

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport 2015 Yale Law School

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


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