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Signed Opinions, Concurrences, Dissents, And Vote Counts In The U.S. Supreme Court: Boon Or Bane? (A Response To Professors Penrose And Sherry), Joan Steinman
Akron Law Review
Some commentators recently have argued for changes in how United States Supreme Court Justices communicate with everyone except perhaps other Justices of the Supreme Court and the Justices' assistants. Specifically, some commentators have urged that signed opinions and separate opinions, such as concurrences and dissents, stop being published in the official reports. One commentator also has advocated non‑publication of the vote count in Supreme Court decisions. Another has demanded unanimity, as required by due process.
In this piece, I offer my thoughts in response to these proposals.
I argue several reasons to doubt that a prohibition on publication of concurring …
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Akron Law Review
This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.
Mcintyre V. Ohio Elections Comm'n: "A Whole New Boutique Of Wonderful First Amendment Litigation Opens Its Doors", Mark A. Whitt
Mcintyre V. Ohio Elections Comm'n: "A Whole New Boutique Of Wonderful First Amendment Litigation Opens Its Doors", Mark A. Whitt
Akron Law Review
This Note analyzes the Court's decision in McIntyre. Part II defines the issue presented in the case and provides a general background on disclosure statutes, with particular attention drawn to the Supreme Court's decision in Talley v. California. A brief discussion of various state court decisions post-Talley is also provided. The Statement of the Case in Part III presents the facts, procedural history and holding of the case. Part IV analyzes the Court's holding.
This Note disagrees with the Court's holding for three reasons. First, it argues that the Court misinterpreted the history of anonymous political speech and engaged in …