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Articles 1 - 17 of 17
Full-Text Articles in Law
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 …
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
Vanderbilt Journal of Entertainment & Technology Law
The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death-metal and gangsta-rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of children's morals …
Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine
Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine
Maryland Law Review
No abstract provided.
The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff
The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Maryland Law Review
No abstract provided.
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David Gray
Maryland Law Review
No abstract provided.
Like A Hole In The Head, Lief H. Carter
The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton
The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton
Maryland Law Review
No abstract provided.
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Maryland Law Review
No abstract provided.
Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein
Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr.
Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr.
Maryland Law Review
No abstract provided.
Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks
Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks
Maryland Law Review
No abstract provided.
Is It Really Possible To Do The Kessel Run In Less Than Twelve Parsecs And Should It Matter? Science And Film And Its Policy Implications, Dov Greenbaum
Vanderbilt Journal of Entertainment & Technology Law
The entertainment media influences our lives in a myriad of different ways--from the way we dress, to the language we use, to the products we buy. What might be less obvious are its influences on national policies. This Article, an introductory foray into the effects of media on policy, focuses on the effect that movies have on science policies in the United States and around the world. Through an analysis of both classic and recent blockbuster films and concurrent events involving science policies, this Article argues that Hollywood exerts an inordinate amount of influence on national science policies, and even …
Thomas Jefferson, We Have A Problem: The Unconstitutionality Nature Of The U.S.'S Aerospace Export Control Regime As Supposed By Bernstein V. U.S. Department Of Justice , Mike N. Gold
Cleveland State Law Review
All men are created equal, except aerospace workers. This was not how the Declaration of Independence was written, but it is how the U.S. government is currently enforcing its aerospace-related export control restrictions. Specifically, under the auspices of the International Traffic in Arms Regulations (“ITAR”)1 those in the aerospace workforce have unwittingly surrendered their First Amendment rights to free speech. This article will describe how the Ninth Circuit case of Bernstein v. U.S. Department of Justice2 clearly demonstrates the unconstitutional nature of the ITAR and will recommend reforms that would bring America's export control regime back into line with the …
Equality And The Free Exercise Of Religion , Bret Boyce
Equality And The Free Exercise Of Religion , Bret Boyce
Cleveland State Law Review
Part I of this Article begins with a brief overview of Supreme Court case law on free exercise exemptions, which provides a background for modern historical and normative debates. Part II examines the original understanding of the Religion Clauses, which proponents of “substantive neutrality” claim supports their position. This Part rejects that claim, concluding that the limited evidence of the original understanding of the First Amendment and the Fourteenth Amendment (under which current doctrine makes the First Amendment's guarantees applicable to the states) does not provide a firm basis for resolving modern debates over exemptions, but is at least as …
A New Originalism: Adoption Of A Grammatical Interpretive Approach To Establishment Clause Jurisprudence After District Of Columbia V. Helle, Christopher A. Boyko
A New Originalism: Adoption Of A Grammatical Interpretive Approach To Establishment Clause Jurisprudence After District Of Columbia V. Helle, Christopher A. Boyko
Cleveland State Law Review
This thesis proposes an approach to Establishment Clause jurisprudence (and one applicable to constitutional interpretation as a whole) that maintains fidelity to the Constitution by confining the application and interpretation of explicit text to the strictures of well-established norms of grammar and usage. It will begin by analyzing the disparities created through the addition or substitution of super-textual language to the clause through the use of surrogate concepts, and will demonstrate that any such method of constitutional adjudication becomes unworkable and incoherent once such tests utilize surrogate concepts and terminology. Through grammatical exegesis will emerge the theory that the Religion …
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Journal Articles
More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition …