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6,949 full-text articles. Page 1 of 198.

Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash 2022 University of Richmond

Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash

Indiana Law Journal

The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward ...


Regulating Charitable Crowdfunding, Lloyd H. Mayer 2022 University of Notre Dame

Regulating Charitable Crowdfunding, Lloyd H. Mayer

Indiana Law Journal

Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for hundreds of years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for billions of dollars raised from tens of millions of donors through hundreds of internet platforms, including Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, on occasion a campaign attracts tens of millions of dollars in donations. However, charitable crowdfunding ...


Big Data, Big Gap: Working Towards A Hipaa Framework That Covers Big Data, Ryan Mueller 2022 Indiana University Maurer School of Law

Big Data, Big Gap: Working Towards A Hipaa Framework That Covers Big Data, Ryan Mueller

Indiana Law Journal

One lasting impact of the Health Insurance Portability and Accountability Act (HIPAA) is the privacy protections it provides for our sensitive health information. In the era of Big Data, however, much of our health information exists outside the traditional doctor-patient dynamic. From wearable technology, to mobile applications, to social media and internet browsing, Big Data organizations collect swaths of data that shed light on sensitive health information. Big Data organizations largely fall outside of HIPAA’s current framework because of the stringent requirements for when the HIPAA protections apply, namely that the data must be held by a covered entity ...


Representation Without Elections: Civil Society Participation As A Remedy For The Democratic Deficits Of Online Speech Governance, Brenda Dvoskin 2022 Villanova University Charles Widger School of Law

Representation Without Elections: Civil Society Participation As A Remedy For The Democratic Deficits Of Online Speech Governance, Brenda Dvoskin

Villanova Law Review

No abstract provided.


Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak 2022 University of St. Thomas, Minnesota

Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon 2022 University of St. Thomas, Minnesota

An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Psychology Of Conspiracy Theories, Daniel Jolley 2022 University of St. Thomas, Minnesota

The Psychology Of Conspiracy Theories, Daniel Jolley

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Gödel Conspiracy, F.E. Guerra-Pujol 2022 University of St. Thomas, Minnesota

The Gödel Conspiracy, F.E. Guerra-Pujol

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck 2022 University of St. Thomas, Minnesota

Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo 2022 University of St. Thomas, Minnesota

The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer 2022 University of St. Thomas, Minnesota

Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin 2022 University of St. Thomas, Minnesota

Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway 2022 University of St. Thomas, Minnesota

Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson 2022 University of St. Thomas, Minnesota

"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone 2022 University of St. Thomas, Minnesota

Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr. 2022 University of St. Thomas, Minnesota

Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Covid-19, Churches, And Culture Wars, John Inazu 2022 University of St. Thomas, Minnesota

Covid-19, Churches, And Culture Wars, John Inazu

University of St. Thomas Law Journal

No abstract provided.


Who Really Benefits From The First Amendment?, Nadine Strossen 2022 New York Law School

Who Really Benefits From The First Amendment?, Nadine Strossen

Other Publications

No abstract provided.


Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani 2022 University of Miami School of Law

Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani

University of Miami Law Review

Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group ...


Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback 2022 University of Miami School of Law

Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback

University of Miami Law Review

Florida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor ...


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