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Articles 1 - 21 of 21

Full-Text Articles in Law

The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher Dec 2009

The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher

William & Mary Bill of Rights Journal

No abstract provided.


Taking My Leave, Timothy Zick Nov 2009

Taking My Leave, Timothy Zick

Popular Media

No abstract provided.


Flipping The Bird, Timothy Zick Nov 2009

Flipping The Bird, Timothy Zick

Popular Media

No abstract provided.


Foreign Contacts And The First Amendment, Timothy Zick Nov 2009

Foreign Contacts And The First Amendment, Timothy Zick

Popular Media

No abstract provided.


Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick Nov 2009

Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick

Popular Media

No abstract provided.


Fifth Avenue Freeze-Out, Timothy Zick Nov 2009

Fifth Avenue Freeze-Out, Timothy Zick

Popular Media

No abstract provided.


Free Speech And Civil Liability, Timothy Zick Nov 2009

Free Speech And Civil Liability, Timothy Zick

Popular Media

No abstract provided.


Cross-Border Speech Conflicts, Timothy Zick Nov 2009

Cross-Border Speech Conflicts, Timothy Zick

Popular Media

No abstract provided.


Property As/And Constitutional Settlement, Timothy Zick Nov 2009

Property As/And Constitutional Settlement, Timothy Zick

Popular Media

No abstract provided.


Free Speech And The Furrier, Timothy Zick Nov 2009

Free Speech And The Furrier, Timothy Zick

Popular Media

No abstract provided.


Buffers, Bubbles, And Abortion Speech, Timothy Zick Nov 2009

Buffers, Bubbles, And Abortion Speech, Timothy Zick

Popular Media

No abstract provided.


Speech And The Identity Crisis, Timothy Zick Nov 2009

Speech And The Identity Crisis, Timothy Zick

Popular Media

No abstract provided.


Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg Oct 2009

Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg

William & Mary Bill of Rights Journal

Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …


Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee May 2009

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

William & Mary Bill of Rights Journal

This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …


Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne Apr 2009

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann Apr 2009

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Faculty Publications

No abstract provided.


Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky Mar 2009

Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky

William & Mary Bill of Rights Journal

No abstract provided.


Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes Mar 2009

Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes

William & Mary Bill of Rights Journal

No abstract provided.


Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree Mar 2009

Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree

William & Mary Bill of Rights Journal

No abstract provided.


When Freedom Is Not Free: Investigating The First Amendment's Potential For Providing Protection Against Sexual Profiling In The Public Workplace, Michele Alexandre Feb 2009

When Freedom Is Not Free: Investigating The First Amendment's Potential For Providing Protection Against Sexual Profiling In The Public Workplace, Michele Alexandre

William & Mary Journal of Race, Gender, and Social Justice

This article explores the ways in which bodily expression can constitute symbolic speech that courts should protect pursuant to the First Amendment of the Constitution. In a previous article, I referred to this type of bodily speech as "body protest."' Body protest can refer to actions that individuals undertake to assert their autonomy, identity, and freedom from societal restrictions. For women, body protest may be used "to challenge gender restrictions and to activate women-centric legal reforms."2 For example, women may express body protest through dance, dress, or performance arts. These individuals are often sexually profiled because of how they use …


"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick Jan 2009

"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick

Faculty Publications

In Rethinking Free Speech and Civil Liability,1 Daniel Solove and Neil Richards attempt something truly ambitious. The authors seek to map coherent boundaries for the First Amendment’s vast civil domain. Their project merits serious attention. Currently, different rules apply to civil liability for speech depending on whether the liability arises in tort, contract, or property. Solove and Richards claim that these boundaries are unworkable, under-theorized, and in some cases destined to collide. They develop a framework for mapping the First Amendment’s civil domain that is based upon a distinction regarding the type of power the state exercises in various civil …