Law Commons^™

Reflections On The Technicolor Right To Association In American Labor And Employment Law, Paul M. Secunda

Paul M. Secunda

It is time to rethink how the United States enforces the right of association in the workplace. The proliferation of political associational rights, intimate association rights, and expressive association rights in the constitutional sphere over the last thirty years has made the scope of this fundamental civil liberty confusing and hard to enforce. Outside of the constitutional framework, which generally applies only to public employees, low union density and the lack of common law associational claims have made private-sector employees' associational rights vulnerable. The unfortunate consequence may be that American workers currently enjoy less associational freedoms than almost any other …

Benefiting Society And Children Through Violent Media: As Evidenced By First Amendment Protection For Violent Video Games, Austin Nowakowski

Austin James Nowakowski

This article discusses the constitutional, psychological, and societal reasons for why the courts have never upheld any laws censoring violent video games.

Dangerous Bodies: Freak Shows, Expression, And Exploitation, Brigham A. Fordham

Brigham A Fordham

The freak shows of the late 1800s and early 1900s, which traveled the nation exhibiting “human oddities” for profit, are regaining popularity as an underground form of entertainment. While some non-legal scholars have investigated the meaning of freak shows in American culture, little attention has been paid to the laws that regulate freak shows or the legal rights of freak show participants. This Article seeks to introduce legal discourse into the discussion of freak shows and, in the process, to comment on legal approaches to preventing discrimination against persons who are physically different. Drawing upon the theories and analysis of …

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Linda L. Berger

No abstract provided.

Does The First Amendment's Freedom Of The Press Clause Place The Institutional Media Above The Law Of Classified Secrets?, John Eastman

John C. Eastman

Testimony before the U.S. House of Representatives Permanent Select Committee on Intelligence, contending that Section 798 of the Espionage Act, prohibiting the publication of classified information regarding U.S. communications capabilities, can constitutionally be applied to the media, for several reasons: 1) A majority of the Justices in the Pentagon Papers case recognized that prior restraints on publication of highly sensitive, classified information regarding ongoing military and communications operations would be permissible; 2) The prospect of post-publication liability for violating the Espionage Act was also recognized by a majority of the Justices; and 3) The Freedom of Press Clause of the …

Advanced Employment Retaliation Issues, William A. Herbert

William A. Herbert

No abstract provided.

Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi

Guy E Carmi

The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.

The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …

Treason, Technology, And Freedom Of Expression, Tom W. Bell

Tom W. Bell

The power to punish treason against the U.S. conflicts with the First Amendment freedoms of speech and of the press. Far from a question of mere theory, that conflict threatens to chill public dissent to the War on Terrorism. The government has already demonstrated its willingness to punish treasonous expression. After World War II, the United States won several prosecutions against citizens who had engaged in propaganda on behalf of the Axis powers. Today, critics of the War on Terrorism likewise face accusations of treason. Under the law of treasonous expression developed following World War II, those accusations could credibly …

Protections For Public Employees Who 'Blow The Whistle" Appear To Be Inadequate, William A. Herbert

William A. Herbert

No abstract provided.

The First Amendment And Public Sector Labor Relations, William A. Herbert

William A. Herbert

No abstract provided.

Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert

William A. Herbert

No abstract provided.

Caveat Loquens: Let The Speaker Beware, William A. Herbert

William A. Herbert

This article discusses the gap between First Amendment expectations and realities with respect to the scope of protected speech in the public sector workplace. While it is highly unlikely that the courts will recognize a qualified immunity against adverse action for traditional First Amendment activities, the article highlights the difficulty that both public employers and employees face in trying to discern the scope and limitations of protections emanating from the First Amendment.

Hawkers, Thieves And Lonely Pamphleteers: Distributing Publications In The University Marketplace, Erik Ugland

Erik Ugland

No abstract provided.

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.

It's Not That Simple: An Unnecessary Elimination Of Strict Liability And Presumed Damage In Libel Law, Alfred C. Yen

Alfred C. Yen

No abstract provided.

Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen

Alfred C. Yen

No abstract provided.

In The End Is The Beginning: An Inquiry Into The Meaning Of The Religion Clauses, Jonathan Van Patten

Jonathan Van Patten

No abstract provided.