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Articles 1 - 3 of 3
Full-Text Articles in Law
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Cleveland State Law Review
This note concurs with the decision reached by the Third Circuit. The federal obscenity law, which incorporated the contemporary community standards test is unconstitutional as applied to expression on the internet because it has chilling effect on the exercise of freedom of speech as guaranteed by the First Amendment to the Constitution of the United States. Because freedom of speech would be restrained by any incorporation of community standards in federal regulation of the internet, the legislature should refrain from adopting a standard that would apply in all internet situations. Rather, with respect to obscenity, the internet should be left …
The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere
Cleveland State Law Review
Title III of the Federal Wiretap Act, as amended, remains the "primary law guarding the privacy of personal communication [among private citizens] in the United States." This piece of legislation will serve as the focal point of this Note. This Note will first discuss the history and context of the statute under which two cases have arisen. It will then survey various Supreme Court cases addressing the tension between the First Amendment and the right to privacy so as to provide the reader with a better understanding of the conflict between these two constitutional rights. Then it will outline and …
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Cleveland State Law Review
In legislating the pending bankruptcy "reform," Congress has made many of the key decisions behind closed doors. In fact, the process has been characterized as a congressional effort to pass a "stealth bankruptcy bill." This secrecy brings into question the democratic nature of congressional deliberation. When the Framers designed the legislative branch, open debate was envisioned as the rule, not the exception. Unfortunately, Congress has adopted a secretive, approach to pushing through recent bankruptcy legislation. In a sharp departure from the decades-long congressional approach to bankruptcy legislation, "Congress stopped seeking expert advice and instead turned to special interest lobbyists…” Thus, …