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Full-Text Articles in Law
Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti
Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti
Marquette Law Review
Originalism is nothing new. And the New Jersey Supreme Court’s 1780 decision in Holmes v. Walton shows it. In that case, the New Jersey Supreme Court disallowed a state law as repugnant to the state constitution because the law permitted a jury of only six to render a judgment. To reach that result, the court looked to the fixed, original meaning of the jury trial guarantee embedded in the state constitution, and it then constrained its interpretive latitude in conformity with that fixed meaning. Holmes thus cuts against the common misconception that originalism as an interpretive methodology is a modern …
Republication Liability On The Web, Jeffrey Standen
Republication Liability On The Web, Jeffrey Standen
Marquette Law Review
The tort of defamation evolved in an era where defamatory speech was published in books, magazines, newspapers, or other printed documents. The doctrines that are antecedent to the tort, such as publication, fault, defamation per se, presumed damages, and republication liability, similarly presumed that most defamation would appear in written form in a published work. Similarly, the significant limitations on defamation liability that were produced by a succession of Supreme Court constitutional precedent, including restrictions on prior restraint, heightened fault standards, expanded “public” classes, the “fact/opinion” dichotomy, and the “truth/substantial truth” burden shifting, also were based on a publishing world …
Restoring Title Ix’S Constitutional Integrity, Elizabeth Kaufer Busch, William E. Thro
Restoring Title Ix’S Constitutional Integrity, Elizabeth Kaufer Busch, William E. Thro
Marquette Sports Law Review
No abstract provided.