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The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan 2015 Northwestern University School of Law

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Northwestern University Law Review

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic ...


What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson 2015 Northwestern University School of Law

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence ...


Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively 2015 American University

Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively

Jesse D Lively

This Comment argues that the Supreme Court of Virginia should first reverse the Virginia Court of Appeal’s decision when it hears the Yelp case later this year. Secondly, the court hold that the Virginia statute for identifying persons communicating anonymously over the Internet violates the First Amendment's required showing of merit on both law and facts before a subpoena duces tecum to identify an anonymous speaker can be enforced. Lastly, it should adopt a new “unveiling standard” similar to the standards used in either Dendrite or Cahill. Part II examines the jurisprudential history of identifying anonymous Internet speakers ...


Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn 2015 University of St. Thomas School of Law

Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn

Robert Kahn

This paper examines Liberté pour l'Histoire, a group of French historians who led the charge against that nation’s memory laws, in the process raising unique arguments not found elsewhere in the debate over hate speech regulation. Some of these arguments – such as a focus on how the constitutional structure of the Fifth Republic encouraged memory laws – advance our understanding of the connection between hate speech bans and political institutions. Other arguments, however, are more problematic. In particular, Liberté historians struggle to distinguish the Holocaust (which is illegal to deny) from the Armenian Genocide (which is not). The Liberté ...


Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin 2015 Pepperdine University

Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin

Pepperdine Law Review

The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.


Rethinking The “Religious-Question” Doctrine, Christopher C. Lund 2015 Pepperdine University

Rethinking The “Religious-Question” Doctrine, Christopher C. Lund

Pepperdine Law Review

The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to ...


Response: Situating Ourselves In History, Steven D. Smith 2015 Pepperdine University

Response: Situating Ourselves In History, Steven D. Smith

Pepperdine Law Review

The author presents his views on history of religious freedom incorporated in his Brandeis lecture and in the book "The Rise and Decline of American Religious Freedom." Topics discussed include hegemonic status of special protection to religious freedom for legal academics, role of ending religious freedom in providing protection to religious actors under other constitutional provisions like free speech, and impact of ending religious freedom on other freedom like freedom of association.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe 2015 Pepperdine University

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Pepperdine Law Review

In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.


Theorists, Get Over Yourselves: A Response To Steven D. Smith, Andrew Koppelman 2015 Pepperdine University

Theorists, Get Over Yourselves: A Response To Steven D. Smith, Andrew Koppelman

Pepperdine Law Review

In this article, the author presents his views in response to the article The Last Chapter? by critic of contemporary liberal theory Steven D. Smith in reference to his book "Defending American Religious Neutrality." Topics discussed include the political aspects associated with religious freedom, role of secularism in eroding religious freedom, and conflicts between religion and modern secular egalitarianism.


More “Vitiating Paradoxes”: A Response To Steven D. Smith, Paul Horwitz 2015 Pepperdine University

More “Vitiating Paradoxes”: A Response To Steven D. Smith, Paul Horwitz

Pepperdine Law Review

In this article, the author presents his views in response to the article The Last Chapter? by critic Steven D. Smith. Topics discussed include importance of critical legal studies (CLS) theory in reflecting political aspects of religious freedom, views of Smith in his book "The Rise and Decline of American Religious Freedom," and the relationship of egalitarianism with religious freedom.


The Last Chapter?, Steven D. Smith 2015 Pepperdine University

The Last Chapter?, Steven D. Smith

Pepperdine Law Review

An essay is presented in which the author presents contrasting views of law professors at Stanford and Harvard University, Michael McConnell and Noah Feldman respectively on religious freedom. Topics discussed include requirement of special protection to religious freedom, protection of religious belief and expression under other constitutional provisions such as freedom of speech, and the failure of Obama Administration in providing special freedom of association to religious associations.


Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris 2015 University of Georgia School of Law

Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla 2015 University of Florida Levin College of Law

Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla

Florida Law Review

The legal profession has historically asserted moral and legal authority to substantially control the speech of judges and lawyers. This impulse to control the speech of judges and lawyers is driven by many of the profession’s most strongly held interests and values. These include such interests as ensuring the fair administration of justice, the promotion of respect for the rule of law, the preservation of public confidence in the legal system, the preservation of the appearance of judicial impartiality, the maintenance of professionalism, and the safeguarding of the dignity of the profession. Some of these interests are palpable and ...


Nothing To Do With Personhood: Corporate Constitutional Rights And The Principle Of Confiscation, Paul Kens Dr. 2015 Texas State University

Nothing To Do With Personhood: Corporate Constitutional Rights And The Principle Of Confiscation, Paul Kens Dr.

Paul Kens Dr.

In its 2010 decision Citizens United v. Federal Election Commission the Supreme Court overruled a federal statute that limited a corporation’s ability to pay for political advertising out of its general treasury funds. Those limits, it ruled, violated the corporation’s right to freedom of speech. The case has since become notorious for the widely held belief that, in doing so, the Court declared that corporations are “persons,” possessing the same constitutional rights as flesh and blood human beings. Four years later the Court seemed to expand on this conclusion when it ruled in Burwell v. Hobby Lobby that ...


The Rationale Of China’S Media Regulation Policy In The Process Of The Institutional Transformation, weiguang wu 2015 Tsinghua University Law School, Beijing, China

The Rationale Of China’S Media Regulation Policy In The Process Of The Institutional Transformation, Weiguang Wu

weiguang wu

China’s media policy has features of both power-regulated societies and rights-regulated societies throughout its institutional transformation. Competition, technology and institutions are the three dominant variables of development in the human society. Throughout civilized history, human societies can be categorized into two types, either power-regulated societies or rights-regulated societies. The standard of categorization is based on different forces that coerce the social order of the society. The coercing force of power-regulated societies is rooted in the regime of power; such as authoritarianism or totalitarianism. Ancient China and the former Soviet Union are typical examples of such power-regulated societies. The coercing ...


A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby 2015 Pepperdine University

A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Pepperdine Law Review

Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Hobby Lobby Stores, Inc. v. Sebelius, the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act ("RFRA") in support of their claim that the Affordable Care Act’s HHS Mandate violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance covers the costs of contraceptives, the "morning after" pill, and other fertility-related drugs conflicts with their deeply-held religious belief that life begins at conception and is ...


Mother May I? No, You May Not! Parental Consent Requirements For Students To Participate In Student-Led Clubs At Public Schools, Kelly A. Sherrill Linkous 2015 The George Washington University

Mother May I? No, You May Not! Parental Consent Requirements For Students To Participate In Student-Led Clubs At Public Schools, Kelly A. Sherrill Linkous

Kelly A. Sherrill Linkous

This article considers the constitutionality of laws or policies requiring parental consent for student participation in school-based clubs or organizations, along with their consistency with the language in the federal Equal Access Act. It weighs the dueling parental right to direct the upbringing of their children against students’ constitutional speech and religious exercise rights within the schoolhouse gate. As a vehicle to analyze the constitutionality of all similarly-worded state laws and school district policies, the article examines a Georgia statute mandating parental consent for student participation in clubs. The Georgia statute is similar to Oklahoma’s and Utah’s statutes ...


Romanticizing Democracy, Political Fragmentation, And The Decline Of American Government, Richard Pildes 2015 NYU School of Law

Romanticizing Democracy, Political Fragmentation, And The Decline Of American Government, Richard Pildes

New York University Public Law and Legal Theory Working Papers

American democratic romanticism contributes to the current dysfunctionality of the institutions of American government, or so this article argues. Three lines of thought are developed that shape this argument. First, to understand the paralysis of current American government, it is as important to focus on the problem of "political fragmentation" as on the extreme polarization of the political parties By fragmentation, I mean both the internal diffusion of political power away from the party leadership into the hands of individual members, and the external diffusion of power away from the parties to non-party organizations. Today's political polarization is a ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Free Exercise And The Definition Of Religion: Confusion In The Federal Courts, Mark Strasser 2015 Capital University Law School

Free Exercise And The Definition Of Religion: Confusion In The Federal Courts, Mark Strasser

Mark Strasser

The United States Supreme Court has sent mixed messages about what constitutes religion for free exercise purposes. The Court’s failure to offer clear criteria has resulted in widely differing interpretations in the lower courts, resulting in dissimilar treatment of relevantly similar cases. Further, some of the circuit courts employ factors to determine what qualifies as religious that are much more restrictive than the factors employed by the Court.

This article describes some of the differing approaches to defining religion offered in the circuits, noting that one of the approaches adopted across a few circuits not only mischaracterizes the Supreme ...


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