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Articles 1 - 15 of 15

Full-Text Articles in Law

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger Oct 1997

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.


In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein Oct 1997

In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein

South Carolina Law Review

No abstract provided.


Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques Aug 1997

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.


Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring May 1997

Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring

Northern Illinois University Law Review

The Rosenberger Court contracted the boundaries of the no funding principle of the Establishment Clause. In so doing, the Court, speaking through Justice Kennedy, ran roughshod over several important tools used in free speech analysis. Rosenberger altered the line between viewpoint and content, clouded the role of strict scrutiny and eviscerated the already weakened limited public forum concept. The article analyzes several post-Rosenberger circuit court holdings in free speech cases. In addition, it discusses the potential impact of Rosenberger - a case limited to the expenditure of student activity funds at public universities - on the future collection of mandatory …


Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu May 1997

Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu

Northern Illinois University Law Review

This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.


The Internet In The College Community, Robert M. O'Neil May 1997

The Internet In The College Community, Robert M. O'Neil

Northern Illinois University Law Review

This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


The Panhandler's First Amendment Right: A Critique Of Loper V. New York City Police Department And Related Academic Commentary, Peter Nichols Jan 1997

The Panhandler's First Amendment Right: A Critique Of Loper V. New York City Police Department And Related Academic Commentary, Peter Nichols

South Carolina Law Review

No abstract provided.


Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang Jan 1997

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Indiana Law Journal

No abstract provided.


Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski Jan 1997

Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski

Seattle University Law Review

The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …


Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green Jan 1997

Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green

Seattle University Law Review

The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …


Constitutional Law: Board Of County Commissioners V. Umbehr And O'Hare Truck Service V. City Of Northlake--The Extension Of First Amendment Protection To Independent Contractors--The Garbage Man Can Now Talk Trash!, Brent C. Eckersley Jan 1997

Constitutional Law: Board Of County Commissioners V. Umbehr And O'Hare Truck Service V. City Of Northlake--The Extension Of First Amendment Protection To Independent Contractors--The Garbage Man Can Now Talk Trash!, Brent C. Eckersley

Oklahoma Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick Jan 1997

Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick

Marquette Sports Law Review

No abstract provided.


The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora Jan 1997

The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora

Touro Law Review

No abstract provided.