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Articles 1 - 30 of 53
Full-Text Articles in Law
The Pornographic Secondary Effects Doctrine, John Fee
The Pornographic Secondary Effects Doctrine, John Fee
Faculty Scholarship
No abstract provided.
Taking My Leave, Timothy Zick
Flipping The Bird, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Popular Media
No abstract provided.
Fifth Avenue Freeze-Out, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Cross-Border Speech Conflicts, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Popular Media
No abstract provided.
Free Speech And The Furrier, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Popular Media
No abstract provided.
Speech And The Identity Crisis, Timothy Zick
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Cornell Law Faculty Publications
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …
Whither Newspapers? Wither Newspapers?, Eric Easton
Whither Newspapers? Wither Newspapers?, Eric Easton
All Faculty Scholarship
No abstract provided.
Tinker And Viewpoint Discrimination, John E. Taylor
Tinker And Viewpoint Discrimination, John E. Taylor
Law Faculty Scholarship
No abstract provided.
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
All Faculty Scholarship
This is a review of Neil Weinstock Netanel’s Copyright’s Paradox (2008).
The Mother's Milk Of Politics Is Corrupting Absolutely, Dan Walker
The Mother's Milk Of Politics Is Corrupting Absolutely, Dan Walker
NULR Online
No abstract provided.
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
The question of whether the First Amendment protects the individual academic freedom of faculty members at public colleges and universities has resulted in divergent views among courts and legal scholars. In joining the ongoing discourse regarding constitutional protection for academic freedom, this article considers using academic freedom policies and standards voluntarily adopted by institutions as a basis to provide First Amendment protection for faculty speech at public colleges and universities. The article proposes that such policies present one alternative to help clear some of the legal fog regarding First Amendment protection for individual academic freedom, especially in relation to the …
Freedom Of The Press 2.0, Edward Lee
Freedom Of The Press 2.0, Edward Lee
All Faculty Scholarship
In today's digital age, copyright law is changing. It now attempts to regulate machines. Over the past twenty years, and particularly with the advent of the Internet, copyright holders have increasingly invoked copyright law to regulate directly - indeed, even to prohibit - the manufacture and sale of technology that facilitates the mass dissemination of expressive works. Although the concerns of copyright holders about the ease of digital copying are understandable, the expansion of copyright law to regulate - and, in some cases, to prohibit - technologies raises a troubling question. Can the government regulate under copyright law technologies that …
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District forty years ago did for the ideal of expressive freedom in America's public schools what Brown v. Board of Education did for the ideal of racial equality. It made a core value of the Bill of Rights spring to life for young people facing authoritarian treatment at the hands of adult officials running their school systems. By privileging the right of students to engage in passionate political communication over the school's interest in maintaining discipline or the community’s interest in maintaining pro-war consensus, the Tinker decision was …
I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho
Faculty Publications
This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Lidsky
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Lidsky
Faculty Publications
Assumptions about audiences shape the outcomes of First Amendment cases. Yet the Supreme Court rarely specifies what its assumptions about audiences are, much less attempts to justify them. Drawing on literary theory, this Article identifies and defends two critical assumptions that emerge from First Amendment cases involving so-called "core" speech. The first is that audiences are capable of rationally assessing the truth, quality, and credibility of core speech. The second is that more speech is generally preferable to less. These assumptions, which I refer to collectively as the rational audience model, lie at the heart of the "marketplace of ideas" …
Constraining Public Employee Speech: Government's Control Of Its Workers' Speech To Protect Its Own Expression, Helen Norton
Constraining Public Employee Speech: Government's Control Of Its Workers' Speech To Protect Its Own Expression, Helen Norton
Publications
This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline of public employee speech on matters of public interest only when such speech undermined the government employer's interest in efficiently providing public services. In contrast, courts now increasingly focus on--and defer to--government's claim to control its workers' expression to protect its own speech.
More specifically, courts increasingly permit government …
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
Publications
Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries, and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter-discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur "'ho" by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. Thus, when words …
House Of Wisdom Or A House Of Cards? Why Teaching Islam In U.S. Foreign Detention Facilities Violates The Establishment Clause, Scott Thompson
House Of Wisdom Or A House Of Cards? Why Teaching Islam In U.S. Foreign Detention Facilities Violates The Establishment Clause, Scott Thompson
Publications
In an attempt to erase Islamic-fundamentalist sentiments held by detainees apprehended in the course of the "war on terror," the United States government began teaching and preaching a more moderate version of the Qur'an and Islam to detainees in Iraq. One such detention program in Iraq was dubbed the House of Wisdom. But the wisdom of such a practice is highly suspect--both because it likely runs afoul of the Establishment Clause of the First Amendment and because it may be doing more harm than good to the American effort to defuse Islamic-extremism and anti-American sentiment. This Article examines the practice …
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
No abstract provided.
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Scholarly Articles
Not available.
Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen
Parental Rights And The State Regulation Of Religious Schools, Matthew J. Steilen
Journal Articles
In Wisconsin v. Yoder, the United States Supreme Court invalidated convictions of several Amish parents for removing their children from school in violation of state mandatory attendance laws. In reaching its decision, the Court argued that protecting the Amish parents’ decisions fit into a longstanding American tradition of giving parents control over the upbringing of their children. Yet the Supreme Court mischaracterized the history of parental rights and state interests in education. Contemporary historical research shows that parents have long ceded a large measure of control to the state in the education of their children. Still, very little has been …