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Series

2009

Faculty Publications

William & Mary Law School

United States Constitution 1st Amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne Apr 2009

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann Apr 2009

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Faculty Publications

No abstract provided.


"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick Jan 2009

"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick

Faculty Publications

In Rethinking Free Speech and Civil Liability,1 Daniel Solove and Neil Richards attempt something truly ambitious. The authors seek to map coherent boundaries for the First Amendment’s vast civil domain. Their project merits serious attention. Currently, different rules apply to civil liability for speech depending on whether the liability arises in tort, contract, or property. Solove and Richards claim that these boundaries are unworkable, under-theorized, and in some cases destined to collide. They develop a framework for mapping the First Amendment’s civil domain that is based upon a distinction regarding the type of power the state exercises in various civil …