Petitioning And The Making Of The Administrative State,
2018
University of Pennsylvania Carey Law School
Petitioning And The Making Of The Administrative State, Maggie Blackhawk
All Faculty Scholarship
The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state …
Remedies And The Government's Constitutionally Harmful Speech,
2018
University of Colorado Law School
Remedies And The Government's Constitutionally Harmful Speech, Helen Norton
Publications
Although governments have engaged in expression from their inception, only recently have we begun to consider the ways in which the government’s speech sometimes threatens our constitutional rights. In my contribution to this symposium, I seek to show that although the search for constitutional remedies for the government’s harmful expression is challenging, it is far from futile. This search is also increasingly important at a time when the government’s expressive powers continue to grow—along with its willingness to use these powers for disturbing purposes and with troubling consequences.
More specifically, in certain circumstances, injunctive relief, declaratory relief, or damages can …
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court,
2018
Roger Williams University
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Roger Williams University Law Review
No abstract provided.
R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest,
2018
J.D. 2018, Roger Williams University School of Law
R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest, Alexandra C. Rawson
Roger Williams University Law Review
No abstract provided.
The Domestic Establishment Clause,
2018
South Texas College of Law Houston
The Domestic Establishment Clause, Josh Blackman
Roger Williams University Law Review
No abstract provided.
Categorizing Lies,
2018
University of Colorado Law School
Categorizing Lies, David S. Han
University of Colorado Law Review
No abstract provided.
Incredible Lies,
2018
University of Colorado Law School
Incredible Lies, Catherine J. Ross
University of Colorado Law Review
No abstract provided.
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment,
2018
University of Colorado Law School
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
University of Colorado Law Review
No abstract provided.
Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments,
2018
Mitchell Hamline School of Law
Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer
Mitchell Hamline Law Review
No abstract provided.
The Government's Manufacture Of Doubt,
2018
University of Colorado Law School
The Government's Manufacture Of Doubt, Helen Norton
Publications
“The manufacture of doubt” refers to a speaker’s strategic efforts to undermine factual assertions that threaten its self-interest. This strategy was perhaps most famously employed by the tobacco industry in its longstanding campaign to contest mounting medical evidence linking cigarettes to a wide range of health risks. At its best, the government’s speech can counter such efforts and protect the public interest, as exemplified by the Surgeon General’s groundbreaking 1964 report on the dangers of tobacco, a report that challenged the industry’s preferred narrative. But the government’s speech is not always so heroic, and governments themselves sometimes seek to manufacture …
Privacy's Double Standards,
2018
University of Colorado Law School
Privacy's Double Standards, Scott Skinner-Thompson
Publications
Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.
This Article unearths disparate outcomes in public disclosure tort …
Hate Speech At Home And Abroad,
2018
Columbia Law School
Hate Speech At Home And Abroad, Sarah H. Cleveland
Faculty Scholarship
The United States’ best-known constitutional protection internationally is surely the First Amendment. Around the world, the United States is perceived as protecting freedom of expression and the press first and foremost, among all rights. And whether admired for its purity and idealism or dismissed as naïve and sui generis, the United States’ approach to free speech is globally examined, critiqued, and debated. It is the United States’ most prominent constitutional export, informing the drafting of foreign constitutions, statutes, and judicial interpretations, and undergirding the protection for freedom of expression in the international and regional human rights systems.
This chapter …
Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps,
2018
Campbell University School of Law
Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace
Campbell Law Review
The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether this test …
The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion,
2018
Washington and Lee University School of Law
The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley
Washington and Lee Law Review
No abstract provided.
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions,
2018
The Catholic University of America, Columbus School of Law
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Mark L. Rienzi
Scholarly Articles
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 …
Climate Change Disinformation, Citizen Competence, And The First Amendment,
2018
University of Colorado Law School
Climate Change Disinformation, Citizen Competence, And The First Amendment, James Weinstein
University of Colorado Law Review
No abstract provided.
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized,
2018
Syracuse University College of Law
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie
Catholic University Journal of Law and Technology
In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.
A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in turn makes an …
Masthead,
2018
The Catholic University of America, Columbus School of Law
Table Of Contents,
2018
The Catholic University of America, Columbus School of Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Masthead,
2018
The Catholic University of America, Columbus School of Law
Masthead, Editor In Chief
Catholic University Journal of Law and Technology
No abstract provided.