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Articles 1 - 18 of 18

Full-Text Articles in Law

Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli Nov 1999

Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli

Duke Law Journal

Rapidly developing technological opportunities for unauthorized uses of identity-from "virtual kidnapping" to digitalcasting-coincide with growing demand for a preemptive federal right of publicity that can replace the existing welter of inconsistent state laws. Progress is impeded, however, by intractable doctrinal confusion and academic hostility to the right as allegedly inimical to society's cultural need to manipulate celebrity images. Because the right of publicity is traditionally based on Lockean labor theory and analogized to intellectual property in created works, it is vulnerable to such attacks; to date, no serious attempt has been made to elaborate an alternative philosophical justification that can …


"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees Sep 1999

"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees

Washington and Lee Law Review

No abstract provided.


First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard Jun 1999

First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard

Notre Dame Law Review

No abstract provided.


Authors, Editors, And Uncommon Carriers: Identifying The Speaker Within The New Media, Michael I. Meyerson Jun 1999

Authors, Editors, And Uncommon Carriers: Identifying The Speaker Within The New Media, Michael I. Meyerson

Notre Dame Law Review

No abstract provided.


Discourse And Its Discontents, Frederick Schauer Jun 1999

Discourse And Its Discontents, Frederick Schauer

Notre Dame Law Review

No abstract provided.


Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent Blasi Jun 1999

Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent Blasi

Notre Dame Law Review

No abstract provided.


Scalia's Sermonette, Michael Stokes Paulsen, Steffen N. Johnson Jun 1999

Scalia's Sermonette, Michael Stokes Paulsen, Steffen N. Johnson

Notre Dame Law Review

No abstract provided.


Architecture Of The First Amendment And The Case Of Workplace Harassment, Cynthia L. Estlund Jun 1999

Architecture Of The First Amendment And The Case Of Workplace Harassment, Cynthia L. Estlund

Notre Dame Law Review

No abstract provided.


Law And The Ideal Citizen, Lee C. Bollinger Jun 1999

Law And The Ideal Citizen, Lee C. Bollinger

Washington and Lee Law Review

No abstract provided.


Is There An Obligation To Listen?, Leslie Gielow Jacobs May 1999

Is There An Obligation To Listen?, Leslie Gielow Jacobs

University of Michigan Journal of Law Reform

This Article thoroughly considers the question whether the constitutional guarantee of "freedom of speech" includes an obligation to listen. It first reviews the scopes of the right to speak, the right to listen, and the right to be left alone from things other than unwanted speech, and the relevance to each of physical location. It concludes that, consistent with constitutional doctrine and the Court's articulations, the government's ability to protect individuals from unwanted speech should not vary according to the listener's location. After noting that the actual protection of unwilling listeners may differ because of the different physical realities of …


National Endowment Of The Arts V. Finley: The Propriety Of Viewpoint In Arts Funding Still Unknown, Melissa S. Vignovic Jan 1999

National Endowment Of The Arts V. Finley: The Propriety Of Viewpoint In Arts Funding Still Unknown, Melissa S. Vignovic

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps Jan 1999

Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps

Cornell Law Review

No abstract provided.


Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot Jan 1999

Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot

Michigan Journal of Gender & Law

On many university and college campuses, there exists an anti-civil-libertarian spirit reminiscent of the McCarthy period. During the 1940s and early 1950s, regents, trustees, academic administrations, and the American Association of University Professors (AAUP), although each for a different reason, persuaded the Academy to repress personal liberty. It is difficult to pinpoint precisely when constitutionally and statutorily protected liberties and rights became secondary to insulating educational institutions from damage suits in their pursuit of a selective social and political agenda.


The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould Jan 1999

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould

Michigan Journal of Gender & Law

On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …


What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess Jan 1999

What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess

Touro Law Review

No abstract provided.


Is Litigation The "Suicide Solution"? Performers, Producers And Distributors' Liability For The Violent Acts Of Music Listeners, Maureen Mahoney Jan 1999

Is Litigation The "Suicide Solution"? Performers, Producers And Distributors' Liability For The Violent Acts Of Music Listeners, Maureen Mahoney

Touro Law Review

No abstract provided.


Rice V. Paladin Enterprises, Inc.: Does The First Amendment Protect Instruction Manuals On How To Commit Murder, Emma Dailey Jan 1999

Rice V. Paladin Enterprises, Inc.: Does The First Amendment Protect Instruction Manuals On How To Commit Murder, Emma Dailey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred Jan 1999

Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred

Seattle University Law Review

This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …