University of Maryland Francis King Carey School of Law
University of Missouri School of Law
Barry University School of Law
College of William & Mary Law School
Pacific McGeorge School of Law
The Catholic University of America, Columbus School of Law
Cornell University Law School
Contemplating Masterpiece Cakeshop,
2017
Barry University School of Law
Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby
Washington and Lee Law Review Online
Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws ...
Conway V. Fulbright: Memorandum In Support Of Plaintiff's Motion For Summary Injunctive Relief,
2017
Selected Works
Conway V. Fulbright: Memorandum In Support Of Plaintiff's Motion For Summary Injunctive Relief, Daniel A. Horwitz
Daniel A. Horwitz
First Amendment Commercial Speech—Swipe Fees Mute Texas Merchants,
2017
Southern Methodist University
First Amendment Commercial Speech—Swipe Fees Mute Texas Merchants, Shelby T. Perry
SMU Law Review
No abstract provided.
Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers,
2017
Cleveland-Marshall College of Law
Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett
Cleveland State Law Review
Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of ...
Today's Porn: Not A Constitutional Right; Not A Human Right,
2017
National Center on Sexual Exploitation
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation,
2017
Shared Hope International
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation,
2017
National Center on Sexual Exploitation
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy,
2017
Brigham Young University Law School
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal
No abstract provided.
The Role Of Law In Educational Decision Making - A Symposium - Introduction,
2017
Selected Works
The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
The Role Of Law In Educational Decision Making,
2017
Selected Works
The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd
Donald W. Dowd
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction,
2017
Selected Works
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.
Identity Crisis: Veasey V. Abbott And The Unconstitutionality Of Texas Voter Id Law Sb 14,
2017
Boston College Law School
Identity Crisis: Veasey V. Abbott And The Unconstitutionality Of Texas Voter Id Law Sb 14, Mary Kate Sexton
Boston College Journal of Law & Social Justice
In July 2016, the United States Court of Appeals for the Fifth Circuit reheard en banc its own three-judge panel decision ruling that Texas Senate Bill 14 (SB 14), a law requiring individuals to present a form of photo identification in order to vote, was unconstitutional in violation of the First and Fifteenth Amendments to the U.S. Constitution and Section 2 of the Voting Rights Act. The en banc Fifth Circuit reversed the District Court for the Southern District of Texas’s decision that SB 14 violated Section 2 of the Voting Rights Act. The en banc Fifth Circuit ...
The Boundaries Of Partisan Gerrymandering,
2017
University of New Hampshire School of Law
The Boundaries Of Partisan Gerrymandering, John M. Greabe
Legal Scholarship
[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.
Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.
The problem is that voters from certain racial groups tend to vote overwhelmingly for a single party ...
Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World,
2017
Fox Rothschild LLP
Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton
Pace Intellectual Property, Sports & Entertainment Law Forum
Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at ...
Why The Rehnquist Court Is Wrong About The Establishment Clause,
2017
University of Southern California
Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue,
2017
Selected Works
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Roberts Court And Freedom Of Speech,
2017
University of California, Irvine School of Law
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
Erwin Chemerinsky
This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years ...
The First Amendment: When The Government Must Make Content-Based Choices,
2017
Selected Works
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Erwin Chemerinsky
Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.
Qualified Immunity: 1983 Litigation In The Public Employment Context,
2017
Selected Works
Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
First Amendment Decisions From The October 2006 Term,
2017
Duke University Law School
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Erwin Chemerinsky
No abstract provided.
