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Full-Text Articles in Law
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Oklahoma Law Review
No abstract provided.
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Oklahoma Law Review
No abstract provided.
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Oklahoma Law Review
This article analyzes the United States Supreme Court’s March 2011 decision in Snyder v. Phelps. Specifically, it demonstrates the narrow nature of the holding, and argues that while narrow framing, in the tradition of judicial minimalism, may have been a strategic move by Chief Justice John Roberts to obtain a decisive eight-justice majority, the resulting opinion failed to advance First Amendment jurisprudence significantly. Instead, the outcome simply—even predictably—fell in line with an established order of decisions. This article examines four tactics employed by the Chief Justice to narrow the case in such a way that its outcome was essentially …