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Articles 1 - 30 of 69
Full-Text Articles in Law
Toxic Therapy: Examining The Constitutionality Of Conversion Therapy Bans In Light Of Otto, Kathleen Stoughton
Toxic Therapy: Examining The Constitutionality Of Conversion Therapy Bans In Light Of Otto, Kathleen Stoughton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Freedom Of The Press In U.S. Protests, Abigail Rosenthal
Freedom Of The Press In U.S. Protests, Abigail Rosenthal
Human Rights Brief
No abstract provided.
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler
American University Law Review
No abstract provided.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
American University Law Review
No abstract provided.
The Decade Of Democracy's Demise, James Sample
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph T. Thai
Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph T. Thai
American University Law Review
No abstract provided.
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
American University Law Review
No abstract provided.
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
American University Business Law Review
No abstract provided.
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
American University Law Review
No abstract provided.
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani
American University Journal of Gender, Social Policy & the Law
During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built doctrine that …
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
Political Participation, Expressive Association, And Judicial Review, Joshua S. Sellers
American University Law Review
No abstract provided.
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
American University National Security Law Brief
No abstract provided.
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley
Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley
Contributions to Books
This chapter provides an overview of the public policy limitations on trademark subject matter under U.S. law. This is an area of law that had been fairly stable until recently. The U.S. Supreme Court’s 2017 decision striking down the prohibition on registering disparaging marks and its 2019 decision striking down the prohibition on registering immoral and scandalous marks may prompt a larger reexamination of the policy justifications for denying trademark registration.
Coming Down The Pipeline: First Amendment Challenges To State-Level "Critical Infrastructure" Trespass Laws, Jenna Ruddock
Coming Down The Pipeline: First Amendment Challenges To State-Level "Critical Infrastructure" Trespass Laws, Jenna Ruddock
American University Law Review
No abstract provided.
"Enough's Enough": Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
"Enough's Enough": Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
Articles in Law Reviews & Journals
Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …
Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?, Krista Ellis
Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?, Krista Ellis
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Paypal Or Plastic, Don't Matter The Court Won't Have It: Why The Case For Removing "In God We Trust" From The Dollar May Still Gain Traction Under The Religious Freedom Restoration Act, Olivia Firmand
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment, Lalita Moskowitz
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment, Lalita Moskowitz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
2017 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
2017 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
American University Law Review
No abstract provided.
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
Criminal Law Practitioner
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
American University Law Review
No abstract provided.
Thwarting Speech On College Campuses, Stephen Wermiel
Thwarting Speech On College Campuses, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
American University Law Review
No abstract provided.