The Tortuous Course Of Religious Freedom, 2016 University of San Diego
The Tortuous Course Of Religious Freedom, Steven D. Smith
Notre Dame Law Review
This Essay, written for a conference at Notre Dame on Dignitatis Humanae, considers new challenges to and issues for religious freedom that have arisen recently in a world significantly changed from that of the 1960s, when the Declaration was first issued.
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny
Nevada Law Journal
No abstract provided.
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett
Nevada Law Journal
No abstract provided.
Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, 2016 Notre Dame Law School
Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, Samantha R. Lyew
Journal of Legislation
No abstract provided.
If You Fly A Drone, So Can Police, 2016 University of Oklahoma College of Law
If You Fly A Drone, So Can Police, Stephen E. Henderson
Stephen E Henderson
Masthead, 2016 The Catholic University of America, Columbus School of Law
Table Of Contents, 2016 The Catholic University of America, Columbus School of Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, 2016 Cloudigy Law PLLC
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, 2016 George Mason University Law School
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, 2016 Steptoe & Johnson LLP
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Catholic University Journal of Law and Technology
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, 2016 Catholic University of America, Columbus School of Law
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, 2016 Catholic University of America (Student)
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Catholic University Journal of Law and Technology
No abstract provided.
Protecting Public Employee Trial Testimony, 2016 IIT Chicago-Kent College of Law
Protecting Public Employee Trial Testimony, Joseph Deloney
Chicago-Kent Law Review
In a number of jurisdictions around the United States, police officers and other public employees that regularly testify as part of their ordinary job duties can be placed in compromising positions. Because these types of employees regularly testify as part of their ordinary job duties, such testimony is considered “employee speech” and therefore unprotected by the First Amendment. Consequently, governmental employers can take adverse employment actions against an employee based on his or her truthful trial testimony without violating the employee’s First Amendment rights. Drawing from the Supreme Court’s 2014 decision in Lane v. Franks and other circuit court cases, …
Freedom Of Speech And The Classification Of True Threats, 2016 The University of Maine
Freedom Of Speech And The Classification Of True Threats, Elena S. Smith
The Cohen Journal
No abstract provided.
“They Outlawed Solidarity!”, 2016 Seattle University School of Law
“They Outlawed Solidarity!”, Richard Blum
Seattle University Law Review
In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …
National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, 2016 Contributing Member for IPCLJ (2015-2016), University of Cincinnati College of Law
National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, 2016 University of Miami Law School
Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski
University of Miami Law Review
Current Free Speech doctrine does not sufficiently protect government employees’ First Amendment rights. There are two major flaws in the test implemented by the Supreme Court in order to find whether the First Amendment protects an employee. First, the Garcetti test, where a government employee loses First Amendment protection if her speech is pursuant to her official duty, is inadequate, overbroad, and should be done away with completely – or at the least interpreted more narrowly. Secondly, the Pickering balancing test is less of a balancing and more of a prioritization of the government’s interests and should be interpreted to …
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, 2016 University of Maryland Francis King Carey School of Law
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Maryland Law Review
No abstract provided.
A Tricky Negotiation: Free Speech Versus Insensitivity, 2016 University of Southern California
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
Washington University Undergraduate Law Review
The central question presented in this paper is whether specialty license plates constitute government speech, and are thus subject to disapproval by the Board of the Texas Department of Motor Vehicles. The core concerns reviewed in this research, largely focus on defining whose speech specialty license plates are. The purpose is to investigate and analyze the precedent established as a result of a recent case, Walker v. Texas Division, Sons of Confederate Veterans. The paper thoroughly reviews the arguments made in the majority opinion, as well as those of the dissenting opinion, with an interdisciplinary approach. The argument presented …
Two Views Of First Amendment Thought Privacy, 2016 Brooklyn Law School
Two Views Of First Amendment Thought Privacy, Adam J. Kolber
Faculty Scholarship
No abstract provided.