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Articles 1 - 11 of 11
Full-Text Articles in Law
Nonprofits, Taxes, And Speech, Lloyd H. Mayer
Nonprofits, Taxes, And Speech, Lloyd H. Mayer
Journal Articles
Federal tax law is of two minds when it comes to speech by nonprofits. The tax benefits provided to nonprofits are justified in significant part because they provide nonprofits great discretion in choosing the specific ends and means to pursue, thereby promoting diversity and pluralism. But current law withholds some of these tax benefits if a nonprofit engages in certain types of political speech. Legislators have also repeatedly, if unsuccessfully, sought to expand these political speech restrictions in various ways. And some commentators have proposed denying tax benefits to groups engaged in other types of disfavored speech, including hate speech …
Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer
Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer
Journal Articles
This Article proposes a new constitutional framework for approaching the issue of speech-related conditions on government funding received by nonprofits and demonstrates the application of this framework by applying it to the disputes that have reached the Supreme Court in this area. It argues that speech rights are generally inalienable as against the government under the First Amendment, and therefore any abridgement of such rights by the government – whether direct or indirect – is subject to strict scrutiny. As a result, the government is not permitted to buy an organization’s speech (or silence) absent a compelling governmental interest in …
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Journal Articles
This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …
The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna
The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna
Journal Articles
This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.
The Brotherhood Of Science And Faith, William J. Hoynes
The Brotherhood Of Science And Faith, William J. Hoynes
1883–1919: William J. Hoynes
Address given by Col. William Hoynes at the anniversary proceedings of the World's Fair-Auxiliary in the Auditorium, Chicago, Illinois, January 1, 1895.
Armaments Of Antiquity, William J. Hoynes
Armaments Of Antiquity, William J. Hoynes
1883–1919: William J. Hoynes
Synopsis of an address by Professor William Hoynes on March 12, 1892.
Decoration Day Address, William J. Hoynes
Decoration Day Address, William J. Hoynes
1883–1919: William J. Hoynes
Decoration Day (Memorial Day) address delivered by Professor William Hoynes at South Bend, Indiana, May 30, 1891.
Military Life And Army Organization, William J. Hoynes
Military Life And Army Organization, William J. Hoynes
1883–1919: William J. Hoynes
Col. William Hoynes delivered an instructive and interesting lecture on topics concerned with war before the members of Companies A and B of Hoynes' Light Guards at the University of Notre Dame on Thursday [May 17, 1888].
The Country West Of The Mississippi River, William J. Hoynes
The Country West Of The Mississippi River, William J. Hoynes
1883–1919: William J. Hoynes
William Hoynes delivered this lecture on "The Country West of the Mississippi River" on April 18, 1885. The Notre Dame Scholastic reprinted the lecture in three issues: April 25, 1885; May 9, 1885; and May 16, 1885.
A Successful Life, William J. Hoynes
A Successful Life, William J. Hoynes
1883–1919: William J. Hoynes
"A Successful Life," the Alumni Oration, delivered by Professor William Hoynes, A.M., 1869, at the 40th annual commencement of the University of Notre Dame is printed in its entirety.
The Law: Remarks Relating To Its Origin And Development, William J. Hoynes
The Law: Remarks Relating To Its Origin And Development, William J. Hoynes
1883–1919: William J. Hoynes
A lecture delivered February 5, 1883, by Professor William Hoynes and printed in The Notre Dame Scholastic, a student magazine, in the February 17 and February 24 issues.