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A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas 2018 Brooklyn Law School

A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas

Brooklyn Law Review

This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As ...


Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, Donald L. Beschle 2018 Selected Works

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, Donald L. Beschle

Donald L. Beschle

No abstract provided.


Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson 2018 Texas A&M University School of Law

Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson

Brian Larson

This study extends previous work in visual argumentation by studying speakers’ own verbal reconstructions of their visual communicative acts. The researcher interviewed 70 persons wearing or carrying American flags at the Republican and Democratic National Conventions in Cleveland and Philadelphia in July 2016, to determine whether “speakers” make arguments by wearing or carrying it. For more than 20 years, theorists have debated whether it is meaningful to speak of "visual arguments," whether they can be purely visual, non-verbal communication, and whether and how they can be reconstructed in the form of the conclusion-support structure of an argument. This analysis provides ...


Compelled Commercial Disclosures: Zauderer’S Application To Non-Misleading Commercial Speech, Alexis Mason 2018 University of Miami Law School

Compelled Commercial Disclosures: Zauderer’S Application To Non-Misleading Commercial Speech, Alexis Mason

University of Miami Law Review

In 1980, the Supreme Court held that a prohibition on commercial speech is subject to intermediate scrutiny. Roughly five years later, in Zauderer, the Court provided guidance on specific instances in which the government may compel commercial speech. The Court held that a requirement that goods or services disclose “factual and uncontroversial” information is constitutional so long as the requirement is not unduly burdensome, and the requirement is “reasonably related to the State’s interest in preventing deception of consumers.” This holding applied a rational basis standard of review to compelled commercial speech aimed at curing deception of consumers.

Despite ...


Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte 2018 Cleveland-Marshall College of Law, Cleveland State University

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte

Law Faculty Articles and Essays

This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological ...


Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky 2018 Roger Williams University School of Law

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower 2018 Saint Louis University

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Henry M. Ordower

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield 2018 Widener Law

Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield

Alan E Garfield

No abstract provided.


Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton 2018 Seattle University School of Law

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the ...


Religious Freedom And Recycled Tires, Richard W. Garnett, Jackson C. Blais 2018 Notre Dame Law School

Religious Freedom And Recycled Tires, Richard W. Garnett, Jackson C. Blais

Journal Articles

The Supreme Court's decision in Trinity Lutheran clearly affirmed a First Amendment rule against anti-religious discrimination. At the same time, it raised or left open a number of important and interesting questions about education reform, the relevance of anti-Catholic bias to states' so-called Blaine Amendments, and the sharpening tension between religious freedom and the application of antidiscrimination laws.


Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein 2018 Roger Williams University School of Law

Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein

Law School Blogs

No abstract provided.


Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle 2018 Brooklyn Law School

Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle

Brooklyn Law Review

Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the ...


Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall 2018 McGeorge School of Law

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall

NULR Online

Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market ...


Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson 2018 Cleveland-Marshall College of Law

Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson

Cleveland State Law Review

This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section ...


The Visibility Value Of The First Amendment, Brian C. Murchison 2018 Selected Works

The Visibility Value Of The First Amendment, Brian C. Murchison

Brian C. Murchison

No abstract provided.


Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi 2018 Becket Fund for Religious Liberty

Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi

Boston College Law Review

In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will ...


Academic Freedom In The Guarded Institution, Douglas B. McKechnie, Eric Merriam 2018 University of North Carolina School of Law

Academic Freedom In The Guarded Institution, Douglas B. Mckechnie, Eric Merriam

First Amendment Law Review

No abstract provided.


Litigating Free Speech Issues In The Trenches, Robert M. O'Neil 2018 University of North Carolina School of Law

Litigating Free Speech Issues In The Trenches, Robert M. O'Neil

First Amendment Law Review

No abstract provided.


A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar 2018 University of North Carolina School of Law

A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar

First Amendment Law Review

No abstract provided.


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