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Full-Text Articles in Law

"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps Nov 2005

"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps

Vanderbilt Law Review

Washington Post writer David Segal once observed, "[f]or most Americans the words 'Washington lobbyist' have roughly the same cachet as, say, 'deadbeat dad."" Both lawmakers and the public regard lobbying as an unsavory part of the political process. Much of this perception stems from the vast sums of money spent each year on lobbying activity. For example, in the first half of 2004 alone, mortgage funding companies Fannie Mae and Freddie Mac reported spending over $11 million on lobbying activities, General Electric spent $8.5 million, and the U.S. Chamber of Commerce spent $20.1 million-and these were only three of the …


A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori Sep 2005

A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori

Michigan Telecommunications & Technology Law Review

Because of the economics of online information, thousands who do not know each other can band together in hours, without previous organizational coordination or any persistent central coordination, to affect others and conform society to their idea of the social good. This changes the dynamic of political action and the ability of unaffiliated, lone individuals to respond to social acts where government and the market have not. Through ad hoc volunteerism, the Sinclair participants produced regulatory action against a private party with whom they were not transacting--because they believed government failed to do so. Although ad hoc volunteerism has received …


To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy Apr 2005

To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy

Michigan Telecommunications & Technology Law Review

This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …


Conduit-Based Regulation Of Speech, Jim Chen Apr 2005

Conduit-Based Regulation Of Speech, Jim Chen

Duke Law Journal

Architecture is destiny. As much as information today determines the contemporary wealth of nations, the physical world retains its relevance. Architecture affects crime rates, arguably even collegiality among professors. The interplay between the physical and the ethereal likewise shapes the constitutional doctrine that facilitates the free flow of ideas. The structure of a communicative medium dictates its performance. Awareness of the structure of information markets improves the calibration of intellectual property and refines legal responses to potential electronic bottlenecks. This Article takes the next logical step: revealing the deep doctrinal structure of legal efforts to influence the design and maintenance …


Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla Apr 2005

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Duke Law Journal

No abstract provided.


Private Attorneys General And The First Amendment, Trevor W. Morrison Feb 2005

Private Attorneys General And The First Amendment, Trevor W. Morrison

Michigan Law Review

The "private attorney general" is under fire again. It has been in and out of favor in the six decades since it was named, in part because it has come to signify so many different things. At its core, however, the term denotes a plaintiff who sues to vindicate public interests not directly connected to any special stake of her own. The remedies sought in such actions tend to be correspondingly broad: rather than seeking redress for discrete injuries, private attorneys general typically request injunctive or other equitable relief aimed at altering the practices of large institutions. From school desegregation …


Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi Jan 2005

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi

Michigan Journal of Gender & Law

The goals of this essay are two-fold. First, by describing the experience the author had in Law and Feminism, the essay will show how hateful and harassing speech in a seminar devoted to issues of gender, race and sexuality can rob students of important educational experiences. The story of the author’s class is meant to remind legal educators and administrators of the concrete harm, both personal and educational, of hate speech. Too often the hate speech debate focuses on the theoretical and the abstract; participants forget that the principles at stake have demonstrable consequences for real people. Second, while this …


Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr. Jan 2005

Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.


The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron Jan 2005

The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker Jan 2005

Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn Jan 2005

City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher Jan 2005

Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher

Santa Clara Law Review

No abstract provided.


The Terminator As Eraser: How Arnold Schwarzenegger Used The Right Of Publicity To Terminate Non-Defamatory Political Speech, David S. Welkowtiz, Tyler T. Ochoa Jan 2005

The Terminator As Eraser: How Arnold Schwarzenegger Used The Right Of Publicity To Terminate Non-Defamatory Political Speech, David S. Welkowtiz, Tyler T. Ochoa

Santa Clara Law Review

No abstract provided.


Bobblehead Symposium: Appendix A: Photos, Santa Clara Law Review Jan 2005

Bobblehead Symposium: Appendix A: Photos, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


On Bobbling Heads, Paparazzi, And Justice Hugo Black, Shubha Ghosh Jan 2005

On Bobbling Heads, Paparazzi, And Justice Hugo Black, Shubha Ghosh

Santa Clara Law Review

No abstract provided.


Got Milk... Not Today: The Third Circuit Defends First Amendment Rights For Small Dairy Farmers, Jaret N. Gronczewski Jan 2005

Got Milk... Not Today: The Third Circuit Defends First Amendment Rights For Small Dairy Farmers, Jaret N. Gronczewski

Villanova Law Review

No abstract provided.


Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp Jan 2005

Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp

University of Colorado Law Review

No abstract provided.


The Schwarzenegger Bobblehead Case: Introduction And Statement Of Facts, Tyler T. Ochoa Jan 2005

The Schwarzenegger Bobblehead Case: Introduction And Statement Of Facts, Tyler T. Ochoa

Santa Clara Law Review

No abstract provided.