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Full-Text Articles in Law
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Fordham Law Review
This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Fordham Law Review
No abstract provided.
Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko
Executioner Identities: Toward Recognizing A Right To Know Who Is Hiding Beneath The Hood, Ellyde Roko
Fordham Law Review
No abstract provided.
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Fordham Urban Law Journal
Courts have struggled to strike a balance between the interests of individuals and cities with the application of intermediate scrutiny to content-neutral time, place, and manner restrictions, and several variations have emerged. This Comment will examine the breadth of those approaches as they affect the determination of what expression triggers First Amendment protection. Ultimately, the Note will argue for a re-thinking of how courts evaluate the scope of First AMendment protection and municipal regulation of expressive activity.