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Articles 1 - 30 of 86
Full-Text Articles in Law
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Justice Souter On Government Speech, Sheldon Nahmod
Justice Souter On Government Speech, Sheldon Nahmod
BYU Law Review
No abstract provided.
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
BYU Law Review
No abstract provided.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
BYU Law Review
No abstract provided.
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
BYU Law Review
No abstract provided.
Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess
Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess
BYU Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
BYU Law Review
No abstract provided.
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
BYU Law Review
No abstract provided.
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
BYU Law Review
No abstract provided.
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
BYU Law Review
No abstract provided.
Reinventing Usefulness, Michael Risch
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
BYU Law Review
No abstract provided.
Replacing Context For Plain Meaning In United States V. Cox
Replacing Context For Plain Meaning In United States V. Cox
BYU Law Review
No abstract provided.
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
BYU Law Review
No abstract provided.
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
BYU Law Review
No abstract provided.
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
BYU Law Review
No abstract provided.
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
BYU Law Review
No abstract provided.
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
BYU Law Review
No abstract provided.
Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten
Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten
BYU Law Review
No abstract provided.
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card
BYU Law Review
No abstract provided.
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
BYU Law Review
No abstract provided.