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Articles 1 - 6 of 6
Full-Text Articles in Law
Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer
Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer
Michigan Law Review
Part I of this Note introduces the mechanics of the model Judge Posner has developed to determine whether restrictions upon speech should be upheld. Part II evaluates and critiques Posner's method from an internal perspective. This is first done by examining the theoretical foundations and assumptions of his economic perspective. This part then turns to testing the output and conclusions of the model to determine how successfully the theory can be turned into practice. Part III constitutes an external critique of Posner's model. This part addresses the question of whether the first amendment should be thought of in economic terms. …
Cable Television And The Freedom Of Expression, Daniel Brenner
Cable Television And The Freedom Of Expression, Daniel Brenner
Duke Law Journal
In 1973, cable television operators primarily carried broadcast signals that could not be received adequately over the air. That year, a Cabinet-level committee recommended that regulation of cable fundamentally change when the cable industry penetrated fifty percent of U.S. homes. Instead of selecting any of their program services, the cable operators would be treated as pure carriers, leaving others to program. 1 The United States recently passed that supposed milestone. 2 Yet the 1973 policy recommendation is about as likely to get a second hearing as the Articles of Confederation. By 1975, Home Box Office had launched cable's first satellite …
The Politicized Worker Under The Labor-Management Reporting And Disclosure Act, Barry Sautman
The Politicized Worker Under The Labor-Management Reporting And Disclosure Act, Barry Sautman
Hofstra Labor & Employment Law Journal
No abstract provided.
From Connick To Confusion: The Struggle To Define Speech On Matters Of Public Concern, Stephen Allred
From Connick To Confusion: The Struggle To Define Speech On Matters Of Public Concern, Stephen Allred
Indiana Law Journal
No abstract provided.
The Incidental Regulation Of Free Speech, David S. Day
The Incidental Regulation Of Free Speech, David S. Day
University of Miami Law Review
No abstract provided.
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi
Faculty Scholarship
"[T]he working class and the employing class have nothing in common ....” So began the Preamble to the Constitution of the I.W.W., the Industrial Workers of the World. "Between these two classes a struggle must go on until the workers of the World organize as a class, take possession of the earth, and the machinery of production and abolish the wage system." Nicknamed the Wobblies, this group advocated a form of militant unionism built around the ideal of One Big Union embracing all industries. The I.W.W. enjoyed its strongest appeal among the miners, loggers, agricultural laborers, and construction workers of …