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Articles 1 - 12 of 12
Full-Text Articles in Law
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Northern Illinois University Law Review
An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Aguilar V. Felton, Lewis F. Powell Jr
Wallace V. Jaffree, Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
St. Mary's Law Journal
Evaluation of a billboard ordinance is complicated by the unique properties of this form of expression. The physical structure of the sign is not a form of expression; therefore, a state may regulate the size, height, degree of illumination, and location of the billboard. The sign’s message, on the other hand, is speech and thus protected from government action by the First Amendment. Further, the precise degree of First Amendment protection afforded to a particular message is a function of the character of the speech involved. First Amendment protection attaches if the sign’s message concerns a political, cultural, social, or …
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich
Articles
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.