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- Publication
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- Rod Smolla (28)
- Howard M Wasserman (7)
- Laura S. Underkuffler (7)
- Steven H. Shiffrin (6)
- Donald L. Beschle (5)
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- Michael Heise (4)
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Articles 31 - 60 of 119
Full-Text Articles in Law
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Rod Smolla
No abstract provided.
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Rod Smolla
No abstract provided.
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Rod Smolla
Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …
Reform Libel Law?, Rodney A. Smolla, Don Reuben
Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Rod Smolla
Examines the lessons to be learned in the U.S. Supreme Court landmark free speech case in "Nike Inc. v. Kasky".
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Rod Smolla
Not available.
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
Rod Smolla
Not available.
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
Rod Smolla
Not available.
First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla
First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla
Rod Smolla
Not available.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rod Smolla
No abstract provided.
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Rod Smolla
Not available.
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Rod Smolla
None available.
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
Rod Smolla
No abstract provided.
The First Amendment And The New Civil Liability, Rodney A. Smolla
The First Amendment And The New Civil Liability, Rodney A. Smolla
Rod Smolla
Not available.
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Rod Smolla
Not available.
"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla
"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla
Rod Smolla
None available.
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Rod Smolla
Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Rod Smolla
No abstract provided.
Taking Libel Reform Seriously, Rodney A. Smolla
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.
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
Andrew P. Morriss
This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …
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 …
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Mark G Yudof
No abstract provided.
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Steven H. Shiffrin
Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …
Government Speech, Steven H. Shiffrin
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Steven H. Shiffrin
No abstract provided.
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Steven H. Shiffrin
In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth), and instead to …
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Steven H. Shiffrin
No abstract provided.
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
Steven H. Shiffrin
No abstract provided.