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Articles 1 - 30 of 39
Full-Text Articles in Law
The Constitutional Case For "Red Flag" Laws, Timothy Zick
The Constitutional Case For "Red Flag" Laws, Timothy Zick
Popular Media
No abstract provided.
Fighting For The Fourth "R", Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Neal E. Devins
No abstract provided.
Trans-Border Exclusion And Execution, Timothy Zick
War And The Politics Of Free Speech, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Timothy Zick
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Timothy Zick
No abstract provided.
The Occupation — Place, Balance, And Proximity, Timothy Zick
The Occupation — Place, Balance, And Proximity, Timothy Zick
Timothy Zick
No abstract provided.
The Fleeting Expletives Case, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
Timothy Zick
No abstract provided.
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Timothy Zick
No abstract provided.
The First Amendment And The World, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Timothy Zick
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Rights Dynamism, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Timothy Zick
No abstract provided.
Funerals And Free Speech, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Flipping The Bird, Timothy Zick
First Amendment Cosmopolitanism, Timothy Zick
Exporting The First Amendment, Timothy Zick
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Timothy Zick
No abstract provided.
Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick
Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick
Timothy Zick
No abstract provided.
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Timothy Zick
No abstract provided.
A Rush To Condemn, Timothy Zick
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
Nathan B. Oman
In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.
Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Paul Marcus
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Laura A. Heymann
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …