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Articles 1 - 14 of 14
Full-Text Articles in Law
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
Loyola of Los Angeles Entertainment Law Review
This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz
Akron Law Review
"The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording "commercial speech" the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions."
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Rod Smolla
None available.
Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Rod Smolla
Examines the lessons to be learned in the U.S. Supreme Court landmark free speech case in "Nike Inc. v. Kasky".
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Rod Smolla
Not available.
From Bigelow To Shapero: Steps Along The Way In Attorney Advertising, Horace E. Johns
From Bigelow To Shapero: Steps Along The Way In Attorney Advertising, Horace E. Johns
Akron Law Review
In essence, the rationale for denying attorneys the right to advertise was to protect the public from overly-zealous attorneys who might be inclined to utilize unscrupulous methods to take advantage of unknowing clients.
Five reasons have been offered to support bans on advertising; (1) protection of consumers from misrepresentation concerning both price and the likelihood of successful litigation; (2) commercialization of the legal profession, resulting in neglect of clients; (3) prevention of overcharging and the securing of too many cases by attorneys to cover the costs of advertising; (4) protection of the bar's integrity; and (5) initiation of too many …
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
Steven H. Shiffrin
No abstract provided.
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
Georgia Journal of International & Comparative Law
No abstract provided.
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
Compelled Commercial Speech, Robert Post
Compelled Commercial Speech, Robert Post
West Virginia Law Review
No abstract provided.
Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris
Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Stubborn Things: An Empirical Approach To Facts, Opinions, And The First Amendment, Daniel E. Herz-Roiphe
Stubborn Things: An Empirical Approach To Facts, Opinions, And The First Amendment, Daniel E. Herz-Roiphe
Michigan Law Review First Impressions
This essay offers an empirical approach to the problem, rooted in an argument that the underlying rationale for the fact/opinion distinction in compelled speech doctrine tells us something about how this distinction should be policed. Commercial speech enjoys protection by virtue of its value to listeners, it is from the listener's vantage point, then, that courts should assess whether a compelled disclosure is fact or opinion. And if we are interested in learning how disclosures will affect listeners, we might try asking them, just as courts adjudicating trademark suits frequently use consumer surveys to determine how customers understand the meaning …
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 …
How Do We Know When Speech Is Of Low Value?, Helen Norton
How Do We Know When Speech Is Of Low Value?, Helen Norton
Publications
No abstract provided.