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Articles 1 - 29 of 29
Full-Text Articles in Law
Industrial And Competition Policies In Mexico, Eduardo Perez Motta
Industrial And Competition Policies In Mexico, Eduardo Perez Motta
Chicago-Kent Law Review
Until the 1980s, the Mexican economy was closed and strongly directed and controlled by the central government. However, starting with the second half of this decade and continuing into the 1990s, a marked change in industrial policy sought to create conditions that would open the economy and foster competition and economic efficiency. This process was undertaken by implementing a first generation of reforms, which included policies designed to attain macroeconomic stability, trade openness, and a modernization of the regulatory framework. A second generation of reforms included the application of horizontal instruments, like standardization and metrology; the passing of new laws, …
The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm
The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm
Cornell International Law Journal
No abstract provided.
Protecting The Least Of These: A New Approach To Child Pornography Pandering Provisions, Stephen T. Fairchild
Protecting The Least Of These: A New Approach To Child Pornography Pandering Provisions, Stephen T. Fairchild
Duke Law Journal
The pandering of child pornography - selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution - facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about panderers' First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm - children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.
Human Rights In China And The Rule Of Law, Xu Wenli
Human Rights In China And The Rule Of Law, Xu Wenli
University of Richmond Law Review
No abstract provided.
Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar
Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar
Pace Law Review
No abstract provided.
Freedom Of Speech In The Changining World Of Internet Domain Name Registration And Dispute Resolution: How The Increasing Influence Of National Governments In Domain Name Policy Threatens Free Speech On The Internet, Sean P. Shecter
ExpressO
The conflict between a private organization running the domain name system and the sovereign rights of states to regulate the internet brings to the forefront a key legal issue: the extent to which governments should control freedom of speech within the existing domain name system. The vacuous response to freedom of speech concerns in both the development of the domain name system and customary international law allowed for the increased influence of national governments. With national governments increasing their control over local domain names, significant gaps may develop in the protection of freedom of speech on the internet. Thus, nations, …
Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro
Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro
Hofstra Labor & Employment Law Journal
No abstract provided.
The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt
Michigan Telecommunications & Technology Law Review
[...]I propose depoliticizing the broadcast indecency regime by utilizing polling to determine the average broadcast viewer's opinion, divorced from all the pressures inherent in relying on the complaint process as a proxy. In section II, I will discuss the background and development of the broadcast indecency doctrine from the days of the Federal Radio Commission in the 1920s through the present day. I will also explain why the apparent increasing public unease is misleading, and why valid First Amendment concerns are steamrolled by the fiery nature of the debate. In section III, I will explain why the FCC's reliance on …
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
Journal Articles
This article debunks the myth that the fair use doctrine exists to protect the freedom of speech within copyright. Using the history of fair use in the courts and in Congress, as well as recent case law, the Article demonstrates that.fair use is not, and never has been, intended or designed to restrain copyright in the face of the First Amendment. The conflict between copyright and free speech could be lessened by reforming the balance of interests within fair use to eliminate the focus on commercial use and to expand the understanding of the broader public-benefit purpose underlying the Supreme …
Reason Or Madness: A Defense Of Copyright's Growing Pains, Marc H. Greenberg
Reason Or Madness: A Defense Of Copyright's Growing Pains, Marc H. Greenberg
Publications
A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform …
The French 'Headscarves Ban': Intolerance Or Necessity ?, Reuven Ziegler
The French 'Headscarves Ban': Intolerance Or Necessity ?, Reuven Ziegler
Dr. Reuven (Ruvi) Ziegler
The notion analyzed in the article is that a right can often be interpreted in contrasting terms in different countries, even if these countries are all signatories to the same human rights conventions and are considered to be western liberal democracies. Hence, the protection granted to a particular right is greatly affected by the fundamental tenets of the social framework in a given society. I substantiate my claim empirically by offering a critique of the recent 'headscarves ban' in French public schools. While the ban enjoys overwhelming public support in France, insisting that it protects the fabric of French society, …
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Accepting The Court's Invitation, Martha M. Ertman
Accepting The Court's Invitation, Martha M. Ertman
Faculty Scholarship
No abstract provided.
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
Hofstra Law Review
No abstract provided.
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman
Hofstra Law Review
Two principal pillars of media policy are communications and copyright law. In each discipline, there are pluralists who seek greater public access to the means of communications (communications policy pluralists) and communicative content (copyright pluralists). Historically, communications policy pluralists have sought government interventions in the marketplace in order to increase access to mass communications. Copyright pluralists, by contrast, have fought against regulatory interventions they argue unduly strengthen the rights of copyright holders to deny access to content. In pursuing these strategies, the pluralists have used First Amendment arguments that are in tension with each other and ultimately unavailing in the …
A Listener's Free Speech, A Reader's Copyright, Malla Pollack
A Listener's Free Speech, A Reader's Copyright, Malla Pollack
Hofstra Law Review
Despite the Supreme Court's repeated use of free speech doctrine to derail media reforms, some reform is possible. As Jerome A. Barron recognized, the Court's central error is hypothesizing a romanticized speaker. The Court's copyright jurisprudence is similarly marred by its congruent focus on a romanticized author. The original and continuing central purpose of both copyright and free speech is the wide distribution of material to citizens especially when politically relevant information and opinions are involved. The Constitution's copyright clause, Article I, section 8, clause 8, allows Congress the power to enact only such statutes as encourage the progress (meaning …
Virtual Worlds - Real Courts, Kevin W. Saunders
Virtual Worlds - Real Courts, Kevin W. Saunders
Villanova Law Review
No abstract provided.
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker
Fordham Law Review
No abstract provided.
Bachelor Parties Beware: The Third Circuit Grapples With Alcohol, Strip Clubs And The Constitutionality Of Morality Legislation, Gregory S. Voshell
Bachelor Parties Beware: The Third Circuit Grapples With Alcohol, Strip Clubs And The Constitutionality Of Morality Legislation, Gregory S. Voshell
Villanova Law Review
No abstract provided.
A Right To Reach An Audience: An Approach To Intermediary Bias On The Internet, Jennifer A. Chandler
A Right To Reach An Audience: An Approach To Intermediary Bias On The Internet, Jennifer A. Chandler
Hofstra Law Review
No abstract provided.
"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter
"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter
Hofstra Law Review
No abstract provided.
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Michigan Journal of International Law
Can constitutional review by judges save democracy? This Article identifies and discusses the rise of "militant constitutional democracy" by exploring diverse approaches to the role of constitutional and transnational judicial review in rights protection and the challenges that these approaches present to the workings of democracy, the possibilities of compromise, consensus, and conciliation in political life, and the challenge to other constitutional values as well. "Militant constitutional democracy" ought to be understood as belonging to transitional constitutionalism, associated with periods of political transformation that often demand closer judicial vigilance in the presence of fledgling and often fragile democratic institutions; it …
Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert
Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
Other Publications
No abstract provided.
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
All Faculty Scholarship
The paper argues that only the assumption that the Press Clause has a meaning independent of the Speech Clause could explain either different First Amendment treatment of individuals and the press or different First Amendment treatment of the press and other businesses. Suggesting an interpretation of the Press Clause as protecting the institutional integrity of the Fourth Estate, it then examines fifteen areas of law and finds that in each area the press receives different treatment – precisely the different treatment that the Fourth Estate theory predicts. Moreover, no area of law is found to be inconsistent with this independent …
Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet
Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
The particular problems of content and viewpoint discrimination rarely surface in copyright, though some people have argued that fair use implicates them. Nonetheless, one important lesson for copyright from public forum doctrine is that First Amendment law can take some - though not many - speech-related options off the table. In this brief comment, I argue that analogies between copyright law and public forum doctrine highlight important shared commitments to free and robust public discourse, but also substantial practical barriers to judicial enforcement of those commitments.
Corporations And Commercial Speech, Ronald Collins, Mark Lopez, Tamara Piety, David C. Vladeck
Corporations And Commercial Speech, Ronald Collins, Mark Lopez, Tamara Piety, David C. Vladeck
Georgetown Law Faculty Publications and Other Works
Even though we are discussing a case that was not decided on the merits, Nike v. Kasky is an important case because it crystallizes two of the essential critiques about the commercial speech doctrine, critiques that have run through this doctrine from before its advent in 1976 to today. The fundamental debate Nike triggered over what constitutes "commercial speech" and how strictly commercial speech should be regulated is still being played out - not just in the academy, but also in the courts on a day-to-day basis. So this is a timely and important topic.
Trademark Law As Commercial Speech Regulations, Rebecca Tushnet
Trademark Law As Commercial Speech Regulations, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
False advertising law has largely escaped constitutional scrutiny because courts consider false or misleading commercial speech outside the protection of the First Amendment. Even moderate First Amendment protection for truthful commercial speech, however, requires some constitutional policing of the line between truth and falsity. Current enforcement of false advertising law, whether administrative, as with the FDA's regulation of drug-related speech, or judicial, as with Lanham Act suits brought by private parties, is ill-equipped to deal with First Amendment doctrine's very different concerns, rules, and presumptions. This contribution to the symposium will explore some of the ways in which the First …
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Journal Articles
What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.
It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …