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Full-Text Articles in Law
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
Maine Law Review
In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go to work every …
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall
Maine Law Review
In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that the …
The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier
The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier
Maine Law Review
What is communicated when a neighbor raises raspberries instead of roses on the porch trellis, grows lacinato kale rather than creeping bentgrass in the front yard, or keeps Buckeye hens rather than a bulldog? This essay asserts that these and other urban agricultural practices are expensive—that they are not just ends in themselves but are commutative acts. These acts are intended to educate neighbors, assert a viewpoint, establish identity, and area widely viewed as symbols of support for a social and political movement—what Michael Pollan has dubbed the “Food Movement.” And, as symbolic acts, they deserve protection under the First …
The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller
The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller
Maine Law Review
It’s hard to predict what an average member of the public thinks when he or she hears the words “student newspaper.” Opinions vary. This Article goes beyond that public perception and demonstrates that student journalists across the country are doing work that matters. Student reporters uncover corruption, help hold government officials accountable to taxpayers and the public, and bring to light important issues that would otherwise go unreported. They allow students to develop academically, professionally, and socially. And they give a voice to developing citizens who are often disenfranchised from voting, holding elected office, or otherwise participating in politics and …