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Articles 1 - 12 of 12
Full-Text Articles in Law
7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti
7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti
Corey A Ciocchetti
These slides cover the 7 most important things you need to know about Constitutional Law - especially as it relates to business. Topics covered include the Supremacy Clause & preemption, Commercial Speech & the First Amendment, the Commerce Clause, the Bill of Rights and Constitutional History.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer
Benjamin W. Cramer
Hydraulic fracturing, known colloquially as “fracking,” makes use of chemically-formulated fluid that is forced down a gas well at great pressure to fracture underground rock formations and release embedded natural gas. Many journalists, environmentalists, and public health advocates are concerned about what may happen if the fracking fluid escapes the well and contaminates nearby drinking water supplies. This article attempts a comprehensive analysis and comparison of all relevant fracking fluid disclosure regulations currently extant in the United States, and considers whether the information gained is truly useful for citizens, journalists, and regulators. In recent years the federal government and several …
Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson
Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson
Eric Alan Isaacson
Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages. Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular …
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
James J. Woodruff II
In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.
The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, Jaimie K. Mcfarlin
The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, Jaimie K. Mcfarlin
Jaimie K. McFarlin
No abstract provided.
The Rationale Of China’S Media Regulation Policy In The Process Of The Institutional Transformation, Weiguang Wu
The Rationale Of China’S Media Regulation Policy In The Process Of The Institutional Transformation, Weiguang Wu
weiguang wu
China’s media policy has features of both power-regulated societies and rights-regulated societies throughout its institutional transformation. Competition, technology and institutions are the three dominant variables of development in the human society. Throughout civilized history, human societies can be categorized into two types, either power-regulated societies or rights-regulated societies. The standard of categorization is based on different forces that coerce the social order of the society. The coercing force of power-regulated societies is rooted in the regime of power; such as authoritarianism or totalitarianism. Ancient China and the former Soviet Union are typical examples of such power-regulated societies. The coercing force …
Mother May I? No, You May Not! Parental Consent Requirements For Students To Participate In Student-Led Clubs At Public Schools, Kelly A. Sherrill Linkous
Mother May I? No, You May Not! Parental Consent Requirements For Students To Participate In Student-Led Clubs At Public Schools, Kelly A. Sherrill Linkous
Kelly A. Sherrill Linkous
This article considers the constitutionality of laws or policies requiring parental consent for student participation in school-based clubs or organizations, along with their consistency with the language in the federal Equal Access Act. It weighs the dueling parental right to direct the upbringing of their children against students’ constitutional speech and religious exercise rights within the schoolhouse gate. As a vehicle to analyze the constitutionality of all similarly-worded state laws and school district policies, the article examines a Georgia statute mandating parental consent for student participation in clubs. The Georgia statute is similar to Oklahoma’s and Utah’s statutes, as well …
Shut Up: Pay More: This What You Voted For. Why You Don't See Me At San Francisco's Hall Of Justice, David D. Butler
Shut Up: Pay More: This What You Voted For. Why You Don't See Me At San Francisco's Hall Of Justice, David D. Butler
David D. Butler
Urban violence, much of it politically motivated, has driven the taxpaying Middle Class into the suburbs. This has left only the tax eating poor and the tax avoiding rich in the big cities. This has resulted in urban bankruptcy in Detroit and even in California with its gifts of the technological Gold Rush, the Pacific Ocean, and the Sierra Nevada and Santa Lucia Mountains. The poor are more issolated than ever confined to the functional equivalent of no go zones. They speak a differenct language, dress differently, and sell drugs until they are caught and caged, providing good pay and …
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point for empirical …
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry Dr.
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry Dr.
Dr. Lotem Perry-Hazan
The rights to both free speech and participation present two normative frameworks for analyzing children's expressions in school. This Article examines the differences between these normative frameworks, to explore how they apply in different situations, and to assist in shaping just and educative policies for coping with children's controversial expressions in school. The data sources are 56 American cases concerning school children's free speech. The analysis highlights the distinctions between participatory and non-participatory expressions in educational environments. The right to participation captures only expressions that have a dialogic character, which are also supported by stronger justifications. The Article assists in …
New York Times V. Sullivan And The Rhetorics Of Race: A Look At The Briefs, Oral Arguments, And Opinions, Carlo A. Pedrioli
New York Times V. Sullivan And The Rhetorics Of Race: A Look At The Briefs, Oral Arguments, And Opinions, Carlo A. Pedrioli
Carlo A. Pedrioli
Given the strife of the Civil Rights Movement that surrounded the case, this article looks back at the use of race in New York Times v. Sullivan. Specifically, the article examines how the advocates, led by Herbert Wechsler for the Times, I. H. Wachtel, William Rogers, and Samuel Pierce for the four ministers, and Roland Nachman for Sullivan, dealt with race in their rhetorics to the Court, both in their merits briefs and their oral arguments, and also how the justices used race in their opinions. Although Justice William Brennan did not explicitly focus on race in his opinion for …