Law Commons^™

Back From The Brink, Joel M. Gora

Touro Law Review

No abstract provided.

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein

Articles & Chapters

No abstract provided.

Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson

University of Richmond Law Review

I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …

Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell

University of Richmond Law Review

The above comments of Justice Stewart recognize the myriad of religious beliefs and practices which exist in our nation of diverse people. Protecting them all from government infringement has become an increasingly lofty aim as the number and nature of religions in the United States continue to grow.

The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv

University of Richmond Law Review

Since 1971, Establishment Clause cases have been analyzed under the three-prong test articulated by the Supreme Court in Lemon v. Kurtzman. However, this test has often been criticized for producing inconsistent results. In addition, inconsistent application of the test by the Court, and conflicting philosophies among judges and scholars regarding the separation of church and state, have resulted in considerable objection to the Lemon test. In fact, at least five of the current Supreme Court Justices have expressed their dissatisfaction with the Lemon test as a workable framework for Establishment Clause analysis.

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.

Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Lemon Lives, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the …

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.

Constitutional Law - Third Circuit Sets Forth Balancing Test For Evaluating Jus Terth Standing In First Amendment Context, Michael A. Frattone

Villanova Law Review

No abstract provided.

R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr.

West Virginia Law Review

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

UF Law Faculty Publications

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities.

By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen."

Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering …

Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver

Journal Articles

In an effort to explore conflicting views of the New York Times decision, this article compares how the British media functions under Britain's more restrictive defamation laws with how the US media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decision-making.

Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

In New York Times Co. v. Sullivan, the United States Supreme Court extended First Amendment guarantees to defamation actions. Many greeted the Court's decision with joy. After the decision, many years elapsed during which "there were virtually no recoveries by public officials in libel actions."

The most important component of the New York Times decision was its "actual malice" standard. This standard provided that, in order to recover against a media defendant, a public official must demonstrate that the defendant acted with "malice." In other words, the official must show that the defendant knew that the defamatory statement was false …

Identity, Speech, And Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

My experience as a litigator tells me that the First Amendment as provided the most reliable path to success of any of the doctrinal claims utilized by lesbian and gay rights lawyers. Certainly no other block of cases can rival the success rate of the cases seeking recognition and even funding of lesbian and gay student organizations, all of which were brought on First Amendment grounds and ultimately won by plaintiffs.

Challenging The Autonomous Press (Book Review), Lili Levi

Articles

No abstract provided.