Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Neal E. Devins
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Neal E. Devins
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Jennifer R. Franklin
No abstract provided.
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
Neal E. Devins
No abstract provided.
Janus's Two Faces, Kate Andrias
Janus's Two Faces, Kate Andrias
Articles
In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.1 Stunning in its disregard of principles of stare decisis, Janus overruled the forty-yearold precedent Abood v Detroit Board of Education. 2 The Janus decision marks the end of the post–New Deal compromise with respect to public sector unions and the FirstAmendment.Looking to the future, Janus lays the groundwork for further attack on labor rights—as …
The Political Party System As A Public Forum: The Incoherence Of Parties As Free Speech Associations And A Proposed Correction, Wayne Batchis
The Political Party System As A Public Forum: The Incoherence Of Parties As Free Speech Associations And A Proposed Correction, Wayne Batchis
University of Michigan Journal of Law Reform
The Supreme Court’s jurisprudence addressing the associational rights of political parties is both highly consequential and deeply inconsistent. It dates back at least as far as the Court’s White Primary decisions more than a half-century ago. In recent decades, the Court has imposed an arguably ad hoc formula, striking down regulations on political parties on First Amendment grounds in some cases, while upholding them in others. From a jurisprudential perspective, critics might point to insufficiently principled distinctions between these cases. From a normative perspective, the very expansion of First Amendment rights to political parties, like the parallel extension to corporations …
Data-Driven Constitutional Avoidance, Gregory P. Magarian, Lee Epstein, James L. Gibson
Data-Driven Constitutional Avoidance, Gregory P. Magarian, Lee Epstein, James L. Gibson
Scholarship@WashULaw
This article uses a case study to explain how empirical analysis can promote judicial modesty. In Matal v. Tam, the U.S. Supreme Court invoked the First Amendment to strike down the Lanham Act's bar on federal registration of "disparaging" trademarks. The Tam decision has great constitutional significance. It expands First Amendment coverage into a new field of economic regulation, and it deepens the constitutional prohibition on viewpoint-based speech regulations. This article contends that empirical analysis could have given the Court a narrower basis for the Tam result, one that would have avoided the fraught First Amendment issues the Court decided. …