Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

4293 Full-Text Articles 2802 Authors 1390057 Downloads 122 Institutions

All Articles in First Amendment

Faceted Search

4293 full-text articles. Page 115 of 115.

Citizens United And The Corporate Form, Reuven S. Avi-Yonah 2010 University of Michigan Law School

Citizens United And The Corporate Form, Reuven S. Avi-Yonah

Articles

In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This Article argues that by viewing Citizens Unitedthrough the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict ...


Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Scholarly Works

No abstract provided.


Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin

Scholarly Works

No abstract provided.


Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer 2009 Harvard Law School

Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer

Merritt Rachel Baer

Criminalizing behavior online will necessarily test Constititional rights in novel ways; cyberstalking, as a crime of accumulated words, challenges the First Amendment overtly. This article shows the disconnect between the rationale for criminalizing cyberstalking, and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking force us to transcend kinetic-world frameworks and recognize that the Internet is not merely a new medium for speech but a space in which actions occur. Because patterns of victiminization create dynamics of domination, cyberstalking’s impact inserts itself into and molds the Internet landscape. This article argues for a consistent ...


Commentary On Predicting Crime, Tom Bell 2009 Chapman University, Fowler School of Law

Commentary On Predicting Crime, Tom Bell

Tom W. Bell

The market mechanisms proposed in Predicting Crime offer many virtues. The authors describe several of these—unbiased information collection; incentives that encourage disclosure; opinions weighted by conviction; information aggregation; instantaneous and continuous feedback—and convincingly argue that these structural features stand to help prediction markets outperform alternative institutions in forecasting the interplay of crime rates and crime polices. In that, Predicting Crime adopts an economic point of view and speaks in terms of practical experience. After all, similar structural features have already appeared in other successful prediction markets, such as those offering trading in claims about the weather, flu outbreaks ...


Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders 2009 Northwestern University

Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders

Amy Kristin Sanders

The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test ...


A Loss For Words: "Religion" In The First Amendment, Mason Binkley, J.D. 2009 Selected Works

A Loss For Words: "Religion" In The First Amendment, Mason Binkley, J.D.

Mason Binkley, Esq.

No abstract provided.


Digital Commons powered by bepress