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Articles 31 - 60 of 81
Full-Text Articles in Law
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
Law Faculty Scholarly Articles
There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …
Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon
Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon
Kentucky Law Journal
No abstract provided.
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Law Faculty Scholarly Articles
Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …
The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca
The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca
Law Faculty Scholarly Articles
If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.
Although separationism helps both church and state, our Constitution does, …
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Kentucky Law Journal
No abstract provided.
Cass Sunstein's "New Deal" For Free Speech: Is It An "Un-American" Theory Of Speech?, Richard J. Vangelisti
Cass Sunstein's "New Deal" For Free Speech: Is It An "Un-American" Theory Of Speech?, Richard J. Vangelisti
Kentucky Law Journal
No abstract provided.
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
Kentucky Law Journal
No abstract provided.
Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff
Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff
Kentucky Law Journal
No abstract provided.
The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers
The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers
Kentucky Law Journal
No abstract provided.
Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto
Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto
Kentucky Law Journal
No abstract provided.
Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski
Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski
Kentucky Law Journal
No abstract provided.
The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm
The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm
Kentucky Law Journal
No abstract provided.
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Kentucky Law Journal
No abstract provided.
A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter
A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter
Kentucky Law Journal
No abstract provided.
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …
Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm
Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm
Kentucky Law Journal
No abstract provided.
Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.
Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.
Kentucky Law Journal
No abstract provided.
First Amendment Limitations On The Confidentiality Of Lawyer Disciplinary And Disability Proceedings, William H. Erickson
First Amendment Limitations On The Confidentiality Of Lawyer Disciplinary And Disability Proceedings, William H. Erickson
Kentucky Law Journal
No abstract provided.
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
Kentucky Law Journal
No abstract provided.
The First Amendment: A Symposium - An Introduction, Jerome A. Barron
The First Amendment: A Symposium - An Introduction, Jerome A. Barron
Kentucky Law Journal
No abstract provided.
Search Warrants In Newsrooms: Some Aspects Of The Impact Of Zurcher V. The Stanford Daily, Dwight L. Teeter Jr.
Search Warrants In Newsrooms: Some Aspects Of The Impact Of Zurcher V. The Stanford Daily, Dwight L. Teeter Jr.
Kentucky Law Journal
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Kentucky Law Journal
No abstract provided.
The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller
The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller
Kentucky Law Journal
No abstract provided.
Editorial Privilege And The Scope Of Discovery In Sullivan-Rule Libel Actions, Howard O. Hunter
Editorial Privilege And The Scope Of Discovery In Sullivan-Rule Libel Actions, Howard O. Hunter
Kentucky Law Journal
No abstract provided.
Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown
Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown
Kentucky Law Journal
No abstract provided.
Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox
Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox
Kentucky Law Journal
No abstract provided.
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Kentucky Law Journal
No abstract provided.
Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker
Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker
Kentucky Law Journal
No abstract provided.
State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling
State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling
Kentucky Law Journal
No abstract provided.
A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown
A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown
Kentucky Law Journal
No abstract provided.