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Full-Text Articles in Law

Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines Dec 2013

Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines

West Virginia Law Review

No abstract provided.


Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Nov 2013

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Brian C. Murchison

None available.


Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison Nov 2013

Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison

Brian C. Murchison

None available.


Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett Nov 2013

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Richard W Garnett

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …


The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison Oct 2013

The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison

Brian C. Murchison

A requirement of U.S. defamation law is that an actionable statement be factual in nature, but courts since Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), have had considerable difficulty in distinguishing factual from non-factual statements and in articulating the value of non-factual public discourse in all its diversity. This Article reviews four topics - intent, context, conjecture, and hyperbole - that have been particularly troublesome to courts. It argues for a fresh appraisal of Justice Brennan's dissenting opinion in Milkovich and brings into the conversation the works of several current political theorists on the contributions of passionate political …


Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison Oct 2013

Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison

Brian C. Murchison

Not available.


Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr. Oct 2013

Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr.

Touro Law Review

No abstract provided.


Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl Oct 2013

Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl

Touro Law Review

No abstract provided.


The Chilling Effect And The Problem Of Private Action, Monica Youn Oct 2013

The Chilling Effect And The Problem Of Private Action, Monica Youn

Vanderbilt Law Review

A First Amendment chilling effect occurs when a governmental action creates a consequence that deters an individual from exercising expressive rights. But in some cases, the chilling effect does not stem directly from the governmental action, but instead from intervening private actions. For example, the mandatory disclosure of campaign contributions may "chill" contributors, due to the potential threat of retaliatory acts by private actors, such as criticism, protests, boycotts, threats, or violence. Is there a point at which the chilling effect is attributable to that private reaction, rather than to the challenged governmental action? And should we distinguish between chilling …


Be A Liar Or You're Fired! First Amendment Protection For Public Employees Who Object To Their Employer's Criminal Demands, Keane A. Barger Oct 2013

Be A Liar Or You're Fired! First Amendment Protection For Public Employees Who Object To Their Employer's Criminal Demands, Keane A. Barger

Vanderbilt Law Review

Public perception of the Roberts Court has been defined, to a significant degree, by its First Amendment jurisprudence. Defending free speech has been hailed as one of the Court's "signature projects." However, as some commentators have noted, once one looks beyond the high-profile cases, the Roberts Court has been decidedly less pro- speech. Recent Supreme Court rulings have not looked kindly upon free speech claims raised by students, humanitarian organizations, and, most pertinent for this Note, public employees. The apparent disparity between the treatment of corporate and financial interests, on the one hand, and the interests of labor, students, and …


The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin Sep 2013

The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman Jul 2013

Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman

Stephen J Elkind

In Garcetti v. Ceballos, the Supreme Court held that public employees are not entitled to free speech when speaking “pursuant to their official duties.” In most situations, this strips teachers of First Amendment protection when they discuss controversial subjects, such as homosexuality, with their students. To ensure their classrooms are tolerant and accepting environments for homosexual and questioning youth, teachers need free speech protection against adverse employment action their schools might take. The Garcetti Court, acknowledging that “expression related to academic scholarship and classroom instruction implicates” unique constitutional concerns, explicitly left open whether its decision applied in the education …


Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown Jul 2013

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.


Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown Jul 2013

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.


Unions, Corporations, And The First Amendment: A Response To Professors Fisk And Chemerinsky, Todd E. Pettys Jul 2013

Unions, Corporations, And The First Amendment: A Response To Professors Fisk And Chemerinsky, Todd E. Pettys

Todd E. Pettys

In this response to Professor Fisk and Chemerinsky’s critique of the Supreme Court’s ruling in Knox v. SEIU Local 1000, I make two arguments. First, I challenge the premise of shareholder-employee equivalency that undergirds key portions of Fisk and Chemerinsky’s analysis. Second, I contest the claim that Knox contributes to incoherence in the Court’s First Amendment jurisprudence. Specifically, I challenge Fisk and Chemerinsky’s argument that Knox is difficult to reconcile with the Court’s leading precedents on the speech rights of government employees, and I raise doubts about their reading of the Court’s compelled-speech cases involving complaints that one’s resources are …


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman May 2013

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.


This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon Apr 2013

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen Apr 2013

Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen

Pepperdine Law Review

Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …


How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert Apr 2013

How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert

Pepperdine Law Review

In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax, and the …


I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips Apr 2013

I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols Apr 2013

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.


Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton Jan 2013

Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton

Pepperdine Law Review

No abstract provided.


Hustler Magazine, Inc. V. Falwell: Laugh Or Cry, Public Figures Must Learn To Live With Satirical Criticism , James R. Laguzza Jan 2013

Hustler Magazine, Inc. V. Falwell: Laugh Or Cry, Public Figures Must Learn To Live With Satirical Criticism , James R. Laguzza

Pepperdine Law Review

No abstract provided.


Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald Jan 2013

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.


Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton Jan 2013

Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton

Pepperdine Law Review

No abstract provided.


Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett Jan 2013

Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett

Pepperdine Law Review

This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom. Religious freedom, in the American tradition, is not …


Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders Jan 2013

Can We Please Stop Talking About Neutrality? Koppelman Between Scalia And Rawls, Chad Flanders

Pepperdine Law Review

No abstract provided.


And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman Jan 2013

And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman

Pepperdine Law Review

No abstract provided.


The “Law Of The First Amendment” Revisited, Robert A. Sedler Jan 2013

The “Law Of The First Amendment” Revisited, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.