Law Commons^™

Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Reconsidering Thornton V. Caldor, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Rethinking The "Religious Questions" Doctrine, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

The “Law Of The First Amendment” Revisited, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The New Victims Of The Old Anti-Catholicism, Christopher C. Lund

Law Faculty Research Publications

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.

This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a …

Citizens Disunited, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

The First Amendment Right To Silence, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Media And National Security, Robert A. Sedler

Law Faculty Research Publications

In our discussion of the media and national security, we begin with the First Amendment, not only with its legal doctrines and principles, but also with the values of the First Amendment and its function in a free and democratic society. We will first discuss how the First Amendment protects the media with respect to its disclosure of information purportedly affecting national security. We will then discuss the process by which the media voluntarily refuses to publish information on the ground that the disclosure of the information will seriously harm the national security. We will finally discuss the relationship between …

The Constitution, The Courts And The Common Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Zero Tolerance For The First Amendment: Title Viiõs Regulation Of Employee Speech, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Menacing Speech And The First Amendment: A Functional Approach To Incitement That Threatens, John A. Rothchild

Law Faculty Research Publications

Constitutional rules of protection cannot be based on purely formal distinctions among modes of utterance that are inattentive to the way the communications actually function....

Workplace Censorship: A Response To Professor Sangree, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

The First Amendment In The Foreign Affairs Realm: Domesticating The Restriction On Citizen Participation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Broadcasting And Speech, Jonathan Weinberg

Law Faculty Research Publications

It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link …

The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins

Law Faculty Research Publications

A legal doctrine conceived in ambiguity seldom achieves clarity with the passage of time. Such had been the experience with the Noerr-Penningon doctrine, the principal focus of this article. In its first Noerr-Pennington decision in 16 years, Allied Tube & Conduit Corp. v. Indian Head, Inc., the Supreme Court created new uncertainties. However, it also offered hope for resolution of some of the inconsistencies that have plagued the doctrine. It did this by distinguishing sharply between harm caused directly by petitioning activity (for which petitioners may be liable), and harm caused by requested government action (for which petitioners may …

Constitutional Protection Of Commercial Speech, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

The First Amendment In Theory And Practice, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Free Speech, Social Change And The Politics Of Law In The United States (Interview), Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.