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Articles 1 - 13 of 13
Full-Text Articles in Law
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Gregory P. Magarian
When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the new right’s scope, limits, and content. Following Heller, commentators routinely draw upon the First Amendment’s protections for expressive freedom to support their proposals for Second Amendment doctrine. In this article, Professor Magarian advocates a very different role for the First Amendment in explicating the Second, and he contends that our best understanding of First Amendment theory and doctrine severely diminishes the Second Amendment’s …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Snyder V. Phelps And Th Unfortunate Death Of Intentional Infliction Of Emotional Distress As A Speech-Based Tort, Ww Hopkins Ph.D.
Snyder V. Phelps And Th Unfortunate Death Of Intentional Infliction Of Emotional Distress As A Speech-Based Tort, Ww Hopkins Ph.D.
WW Hopkins Ph.D.
Beginning with New York Times Co. v. Sullivan and extending to Hustler Magazine v. Falwell and beyond, the Supreme Court of the United States established a reasonable balance between free speech interests and the rights of private persons not involved in matters of public debate from personal, verbal attacks. The framework for that protection was the tort of intentional infliction of emotional distress, which required plaintiffs to overcome an onerous burden of proof in order to prevail. In March 2011, however, the Court ruled in Snyder v. Phelps that the verbal attack of the Westboro Baptist Church against Albert Snyder …
(Dis)Owning Religious Speech, Jessie Hill
(Dis)Owning Religious Speech, Jessie Hill
Jessie Hill
To claims of a right to equal citizenship, one of the primary responses has long been to assert the right of private property. It is therefore troubling that, in two recent cases involving public displays of religious symbolism, the Supreme Court embraced property law and rhetoric when faced with the claims of minority religious speakers for inclusion and equality. The first, Pleasant Grove City v. Summum, is a free speech case in which the defendant evaded a finding that it was discriminating against the plaintiff’s religious speech by claiming a government speech defense. In the process, it claimed as its …
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
Private Rights And Public Wrongs: Fair Use As A Remedy For Private Censorship, Stephen J. Mcintyre
Private Rights And Public Wrongs: Fair Use As A Remedy For Private Censorship, Stephen J. Mcintyre
Stephen J McIntyre
Copyright law seeks to promote the public welfare by incentivizing the creation and publication of art, literature, and other original works of authorship. The law bestows exclusive economic rights in expression, which allow copyright holders to exploit the commercial value of their creations in the marketplace. This affords a high degree of control over when and how others use copyright-protected works. These rights, however, are not absolute. The 'fair use' doctrine has traditionally permitted unauthorized and uncompensated uses of copyrighted material for socially beneficial purposes. Under current jurisprudence, the fair use analysis is dominated by concerns about market harm. The …