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Articles 301 - 317 of 317
Full-Text Articles in Law
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Law Faculty Scholarship
No abstract provided.
Whither Weber?, Michael J. Yelnosky
Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus
Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
The Hidden History Of The Second Amendment, Carl Bogus
The Hidden History Of The Second Amendment, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Public Discourse In Contemporary Germany, Edward J. Eberle
Public Discourse In Contemporary Germany, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky
Rhode Island's Judicial Nominating Commission: Can Reform Become Reality?, Michael J. Yelnosky
Law Faculty Scholarship
No abstract provided.
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Progressive Lawyering And Lost Traditions, Peter Margulies
Progressive Lawyering And Lost Traditions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle
Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Law Faculty Scholarship
First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.
Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle
Toward Moral Responsibility In Lawyering: Further Thoughts On The Deontological Model Of Legal Ethics, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle
The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.