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Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
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This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
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No abstract provided.
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
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No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
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No abstract provided.
Givings, Abraham Bell, Gideon Parchomovsky
Givings, Abraham Bell, Gideon Parchomovsky
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Givings - government acts that enhance property value - are omnipresent. Givings and takings are mirror images of one another, and of equal practical and theoretical importance, but the Takings Clause of the Fifth Amendment has enabled takings to dominate scholarly attention. This Article makes the first step toward rectifying this disparate treatment by laying the foundation for a law of givings. The Article identifies three prototype givings: physical givings, regulatory givings and derivative givings. The Article shows that givings are a formative force in property, and that a comprehensive takings jurisprudence cannot be devised without an attendant understanding of …