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Full-Text Articles in Law
"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman
"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman
Vanderbilt Law Review
Charitable choice, or the use of federal money to fund social services provided by religious organizations, has engendered controversy and confusion since its inception in the 1996 welfare reform legislation. Under the welfare reform statute, entitled the Personal Responsibility and Work Opportunity Reconciliation Act ("PRA"), states may contract out administration of their welfare programs to private entities, including houses of worship. President Bush is promoting the expansion of charitable choice into other federal social service programs as a major policy initiative of his administration. Federal funding of faith-based organizations has supporters and opponents on both the left and the right. …
Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman
Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman
Vanderbilt Law Review
Over half a century ago, the Puerto Rico legislature legalized casino gambling in an effort to promote tourism to the island.' To help ensure that the local population would not overindulge in this particular vice, however, the legislature at the same time provided that "[n]o gambling room shall be permitted to advertise or other- wise offer their facilities to the public of Puerto Rico."' Thirty years later a casino operator challenged the statutory advertising ban and its implementing regulations as violating the freedom of speech guaranteed by the First Amendment. Although the Superior Court of Puerto Rico agreed with the …
First Amendment Limits On Copyright, C. Edwin Baker
First Amendment Limits On Copyright, C. Edwin Baker
Vanderbilt Law Review
Although the tension between copyright and the First Amendment has long been noted and increasing numbers of First Amendment challenges to copyright have recently been filed, few scholarly commentaries have gone beyond relatively narrow attempts at doctrinal accommodation. Under the assumption either that existing copyright law fully accommodates First Amendment interests or that some balance is appropriate, commentators have avoided any principled exploration of the full force of First Amendment principles. This Essay aims to fill that gap. Rather than use mechanical doctrine to evaluate existing copyright law, this Essay begins with a theoretical approach to the First Amendment and …
Assessing The Risk Of Executing The Innocent: A Case For Allowing Access To Physical Evidence For Posthumous Dna Testing, Anne-Marie Moyes
Assessing The Risk Of Executing The Innocent: A Case For Allowing Access To Physical Evidence For Posthumous Dna Testing, Anne-Marie Moyes
Vanderbilt Law Review
On February 5, 1985, Helen Schartner was raped and murdered on her way home from a bar in Virginia Beach. Joseph O'Dell was at the same bar that night, and fellow patrons claim he left the bar shortly after Schartner departed. Several hours later, O'Dell was seen entering a convenience store with blood on his hands, face, and clothes. O'Dell's estranged girlfriend--who had previously falsely accused O'Dell of other murders--read about Schartner's murder and called the police to report that O'Dell had left some bloody clothes in her garage. The police arrested O'Dell and charged him with the rape and …