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Articles 99871 - 99900 of 103645
Full-Text Articles in Entire DC Network
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Corporations' Right To Free Speech In Referendum Elections: First National Bank V. Bellotti, Linda Newman Biggs
Corporations' Right To Free Speech In Referendum Elections: First National Bank V. Bellotti, Linda Newman Biggs
SMU Law Review
No abstract provided.
Big Brother's War On Television Advertising: How Extensive Is The Regulatory Authority Of The Federal Trade Commission, Cindy Morgan Ohlenforst
Big Brother's War On Television Advertising: How Extensive Is The Regulatory Authority Of The Federal Trade Commission, Cindy Morgan Ohlenforst
SMU Law Review
No abstract provided.
Homosexual Organizations And The Right Of Association, Lawrence A. Wilson, Raphael Shannon
Homosexual Organizations And The Right Of Association, Lawrence A. Wilson, Raphael Shannon
UC Law Journal
This Article examines judicial and administrative responses to efforts by homosexuals to form organizations to further their interests. The authors conclude that the well-established right of association forbids state actions that seek to restrict attempts by homosexuals to organize, challenge oppressive laws, and otherwise obtain the benefits of association.
Corporate Social Responsibility: European Models, Gunter H. Roth
Corporate Social Responsibility: European Models, Gunter H. Roth
UC Law Journal
This Article examines the various modes proposed and adopted in Europe for imposing upon corporations a sense of responsibility for the public welfare. The author concludes that the most promising means for achieving this goal is to bestow upon independent trustees the power to manage the enterprise and to impose upon the corporation a system of social accounting that would provide the public with meaningful information concerning the corporation's activities.
Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose
Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose
UC Law Journal
The Article attempts to clarify the choice-of-law question over which state's fault standard should apply to an allegedly libelous statement which was written, investigated, edited, or published in another state. Based upon the constitutional directive given in modem United States Supreme Court libel decisions, Professor Rose reasons that a choice-of-law rule requiring the application of the law of the place where the interstate media defendant's libelous acts have occurred must be established. Several methods of adopting the new rule are considered, including congressional implementation of a federal statute concerning interstate-libel choice-of-law.
The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel
The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel
UC Law Journal
Modern courts have dramatically expanded and simplified the concept of duty in tort law. In the Hoyem decision, the California Supreme Court continued these trends by imposing liability for off-campus injuries to truants. The author examines the case and its position in the mainstream of California negligence law. He argues that the overly flexible nature of duty has, in this instance, led to judicial confrontation of issues best suited to legislative resolution.
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationsho to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.
Human Rights; Series Ii; File 59, Juanita Hunter
Human Rights; Series Ii; File 59, Juanita Hunter
Juanita Hunter, RN & NYSNA Papers [1973-1990]
No abstract provided.
The Crime And Punishment Of Jean-Claude Parrot, Michael Mandel, Harry J. Glasbeek
The Crime And Punishment Of Jean-Claude Parrot, Michael Mandel, Harry J. Glasbeek
Articles & Book Chapters
The freedom to associate with whomever one chooses, and to say and think whatever one believes, are rights which Canadians assume they possess. The Canadian Bill of Rights specifically provides that these rights are fundamental to our society, and politicians never tire of telling us that we are among the freest of the world's nations. The recent legal repression of the Canadian Union of Postal Workers and the legal persecution of Jean-Claude Parrot for adhering to his belief were dramatic manifestations that we live a lie. As lawyers we feel it is our duty to show how the law has …
Fifth Amendment--Rights Of Detainees
Fifth Amendment--Rights Of Detainees
Journal of Criminal Law and Criminology
No abstract provided.
Reflections On The Wrong Question: Special Constitutional Privilege For The Institutional Press, Robert D. Sack
Reflections On The Wrong Question: Special Constitutional Privilege For The Institutional Press, Robert D. Sack
Hofstra Law Review
No abstract provided.
A Preferred Position For Journalism?, Anthony Lewis
A Preferred Position For Journalism?, Anthony Lewis
Hofstra Law Review
No abstract provided.
Proof Of Actual Malice In Defamation Actions: An Unsolved Dilemma, James L. Oakes
Proof Of Actual Malice In Defamation Actions: An Unsolved Dilemma, James L. Oakes
Hofstra Law Review
No abstract provided.
A Modest Proposal For Helping To Tame The Corporate Beast, Arthur S. Miller
A Modest Proposal For Helping To Tame The Corporate Beast, Arthur S. Miller
Hofstra Law Review
No abstract provided.
Prisoner Representative Organizations, Prison Reform, And Jones V. North Carolina Prisoners' Labor Union: An Argument For Increased Court Intervention In Prison Administration, Bradley B. Falkof
Journal of Criminal Law and Criminology
No abstract provided.
The Fallacy Of Farber: Failure To Acknowledge The Constitutional Newsman's Privilege In Criminal Cases, Stephen R. Hofer
The Fallacy Of Farber: Failure To Acknowledge The Constitutional Newsman's Privilege In Criminal Cases, Stephen R. Hofer
Journal of Criminal Law and Criminology
No abstract provided.
An Analysis Of The Time Series Of The Imprisonment Rate In The States Of The United States: A Further Test Of The Stability Of Punishment Hypothesis, Alfred Blumstein, Soumyo Moitra
An Analysis Of The Time Series Of The Imprisonment Rate In The States Of The United States: A Further Test Of The Stability Of Punishment Hypothesis, Alfred Blumstein, Soumyo Moitra
Journal of Criminal Law and Criminology
No abstract provided.
Measuring Homicide By Police Officers, Lawrence W. Sherman, Robert H. Langworthy
Measuring Homicide By Police Officers, Lawrence W. Sherman, Robert H. Langworthy
Journal of Criminal Law and Criminology
No abstract provided.
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Faculty Scholarship
The author notes the Supreme Court should re-evaluate statements regarding a newsperson's right to gather news. By according great weight to a reporter's necessary task of gathering information, the press will have the tools necessary to make publishing meaningful and support the first amendment freedom of the press.
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Cleveland State Law Review
We have relied so completely on collective bargaining that we have given almost no thought to other ways of moving toward the goal of industrial democracy. Indeed, there is almost an instinctive reaction to any suggestions of alternatives. We must now face the unwelcome fact that collective bargaining is incomplete, and we must fill the places it has not reached. This article has presents not so much proposals to be adopted, but possibilities to be explored. The purpose here is not to reach conclusions, but to urge a beginning.
Judicial Overload: The Reasons And The Remedies, Maria L. Marcus
Judicial Overload: The Reasons And The Remedies, Maria L. Marcus
Buffalo Law Review
No abstract provided.
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
UC Law SF Communications and Entertainment Journal
No abstract provided.
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
UC Law SF Communications and Entertainment Journal
No abstract provided.
How Long Can We Cope?, Honorable Warren E. Burger
How Long Can We Cope?, Honorable Warren E. Burger
Nova Law Review
It may seem premature to be thinking about the next significant bicentennial celebration in our national life, but our experience with the bicentennial of 1976 demonstrates the desirability for long advance planning.
Fair Trial-Free Press: The Camera In The Courtroom Dilemma Continues, Marianna Smith, Marcia R. Powell
Fair Trial-Free Press: The Camera In The Courtroom Dilemma Continues, Marianna Smith, Marcia R. Powell
Nova Law Review
The Conference of Chief Justices' meeting in Burlington, Vermont, August 2, 1978 adopted Resolution 1 allowing the presence of television, radio and photographic coverage of judicial proceedings.
Municipal Regulation Of "Adult Entertainment"- The Game Without Rules?, George F. Knox Jr., Robert D. Klausner
Municipal Regulation Of "Adult Entertainment"- The Game Without Rules?, George F. Knox Jr., Robert D. Klausner
Nova Law Review
Historically, local governments have been empowered to regulate the health, safety, welfare and, more significantly, the morals of their citizens.