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Full-Text Articles in Law

An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan Jan 1987

An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan

Cleveland State Law Review

Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …


Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech Jan 1987

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …


Noncommercial Door-To-Door Solicitation And The Proper Standard Of Review For Municipal Time, Place, And Manner Restrictions, Philip L. Hirschhorn Jan 1987

Noncommercial Door-To-Door Solicitation And The Proper Standard Of Review For Municipal Time, Place, And Manner Restrictions, Philip L. Hirschhorn

Fordham Law Review

No abstract provided.


The Signal Cable Sends, Part Ii--Interference From The Indecency Cases, Laurence H. Wilner Jan 1987

The Signal Cable Sends, Part Ii--Interference From The Indecency Cases, Laurence H. Wilner

Fordham Law Review

No abstract provided.