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Full-Text Articles in Law
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution, Cara Mcclellan
Discrimination As Disruption: Addressing Hostile Environments Without Violating The Constitution, Cara Mcclellan
All Faculty Scholarship
In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: “There will never be a nigger at SAE . . . you can hang him from a tree, but he’ll never sign with me.” Following the wide circulation of this video, the university’s president expelled two students leading the chants in the video for creating a hostile racial environment on campus. Legal commentators criticized this disciplinary action, arguing that it violated the First Amendment and principles of academic freedom. On the other hand, a review of Title VI …
Religion In American Public Life (With Transcript), Sarah Barringer Gordon, Mark Silk
Religion In American Public Life (With Transcript), Sarah Barringer Gordon, Mark Silk
Case In Point Podcasts
Sarah Gordon and Mark Silk look at how the U.S. has historically regulated religious institutions as well as accounted for an individual’s religious liberty.
Commercial Speech, Commercial Use, And The Intellectual Property Quagmire, Jennifer E. Rothman
Commercial Speech, Commercial Use, And The Intellectual Property Quagmire, Jennifer E. Rothman
All Faculty Scholarship
The commercial speech doctrine in First Amendment jurisprudence has frequently been criticized and is recognized as a highly contested, problematic and shifting landscape. Despite the compelling critique within constitutional law scholarship more broadly, Intellectual Property (“IP”) law has not only embraced the differential treatment of commercial speech, but has done so in ways that disfavor a much broader swath of speech than traditional commercial speech doctrine allows. One of the challenges for courts, litigants, and scholars alike is that the term “commercial” is used to mean multiple things, even within the same body of IP law. In this Article, I …