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Articles 1 - 22 of 22

Full-Text Articles in Law

Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet Dec 2009

Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject ...


Meaningful Mortgage Reform, Jake Werrett Jul 2009

Meaningful Mortgage Reform, Jake Werrett

Jake Werrett

Should six-year-old children be able to access “the largest pornography store in history?” They can. Should eleven be the average age that a child first views pornography? It is. Should children between the ages of twelve and seventeen represent the largest group of pornography consumers? They do. It is puzzling how a quintessentially adult activity has increasingly edged-out Saturday morning cartoons, homework, piano lessons, and T-ball games. Perhaps social consensus is that teenagers are best served by searching out porn 150 billion times a year. But, I doubt it.

Juxtaposing limitations on children's exposure to speech in the real-world ...


Don't Tap, Don't Stare, And Keep Your Hands To Yourself! Critiquing The Legality Of Gay Sting Operations, Jordan Woods May 2009

Don't Tap, Don't Stare, And Keep Your Hands To Yourself! Critiquing The Legality Of Gay Sting Operations, Jordan Woods

Jordan Blair Woods

This Article demonstrates that the execution and design of gay sting operations are constitutionally suspect. I posit that law enforcement officials are punishing men for constitutionally permissible expressive conduct conveying messages of sexual attraction and desire, and are therefore executing gay sting operations in ways that violate First Amendment free speech guarantees. Moreover, despite the fact that people of all sexual orientations have public sex, gay sting operations are only being targeted against men who have sex with other men. Thus, I argue that the selective enforcement of lewd conduct laws raises doubts about the legality of gay sting operations ...


When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz Apr 2009

When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz

Faculty Scholarship

Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes ...


Onslaught: Commercial Speech And Gender Inequality, Tamara R. Piety Jan 2009

Onslaught: Commercial Speech And Gender Inequality, Tamara R. Piety

Tamara R. Piety

Utilizing Dove's infamous "Onslaught" viral ad, this Article explores the ways in which commercial speech constructs images of and attitudes toward women that interfere with full equality for women. Advertising and marketing contribute to creating a social reality in which it is taken for granted that women must spend a great deal of time on appearance and that appearance is of critical importance to life success. As is typical for much advertising, it does this by stimulating anxiety. Such anxiety contributes to low self- esteem, lowered ambitions and stereotype threat reactions, as well as to biased reactions on the ...


I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho Jan 2009

I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho

Faculty Publications

This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16 ...


Equality And The Free Exercise Of Religion , Bret Boyce Jan 2009

Equality And The Free Exercise Of Religion , Bret Boyce

Cleveland State Law Review

Part I of this Article begins with a brief overview of Supreme Court case law on free exercise exemptions, which provides a background for modern historical and normative debates. Part II examines the original understanding of the Religion Clauses, which proponents of “substantive neutrality” claim supports their position. This Part rejects that claim, concluding that the limited evidence of the original understanding of the First Amendment and the Fourteenth Amendment (under which current doctrine makes the First Amendment's guarantees applicable to the states) does not provide a firm basis for resolving modern debates over exemptions, but is at least ...


Is It Really Possible To Do The Kessel Run In Less Than Twelve Parsecs And Should It Matter? Science And Film And Its Policy Implications, Dov Greenbaum Jan 2009

Is It Really Possible To Do The Kessel Run In Less Than Twelve Parsecs And Should It Matter? Science And Film And Its Policy Implications, Dov Greenbaum

Vanderbilt Journal of Entertainment & Technology Law

The entertainment media influences our lives in a myriad of different ways--from the way we dress, to the language we use, to the products we buy. What might be less obvious are its influences on national policies. This Article, an introductory foray into the effects of media on policy, focuses on the effect that movies have on science policies in the United States and around the world. Through an analysis of both classic and recent blockbuster films and concurrent events involving science policies, this Article argues that Hollywood exerts an inordinate amount of influence on national science policies, and even ...


The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly Jan 2009

The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly

Vanderbilt Journal of Entertainment & Technology Law

The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death-metal and gangsta-rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of children's ...


Thomas Jefferson, We Have A Problem: The Unconstitutionality Nature Of The U.S.'S Aerospace Export Control Regime As Supposed By Bernstein V. U.S. Department Of Justice , Mike N. Gold Jan 2009

Thomas Jefferson, We Have A Problem: The Unconstitutionality Nature Of The U.S.'S Aerospace Export Control Regime As Supposed By Bernstein V. U.S. Department Of Justice , Mike N. Gold

Cleveland State Law Review

All men are created equal, except aerospace workers. This was not how the Declaration of Independence was written, but it is how the U.S. government is currently enforcing its aerospace-related export control restrictions. Specifically, under the auspices of the International Traffic in Arms Regulations (“ITAR”)1 those in the aerospace workforce have unwittingly surrendered their First Amendment rights to free speech. This article will describe how the Ninth Circuit case of Bernstein v. U.S. Department of Justice2 clearly demonstrates the unconstitutional nature of the ITAR and will recommend reforms that would bring America's export control regime back ...


A New Originalism: Adoption Of A Grammatical Interpretive Approach To Establishment Clause Jurisprudence After District Of Columbia V. Helle, Christopher A. Boyko Jan 2009

A New Originalism: Adoption Of A Grammatical Interpretive Approach To Establishment Clause Jurisprudence After District Of Columbia V. Helle, Christopher A. Boyko

Cleveland State Law Review

This thesis proposes an approach to Establishment Clause jurisprudence (and one applicable to constitutional interpretation as a whole) that maintains fidelity to the Constitution by confining the application and interpretation of explicit text to the strictures of well-established norms of grammar and usage. It will begin by analyzing the disparities created through the addition or substitution of super-textual language to the clause through the use of surrogate concepts, and will demonstrate that any such method of constitutional adjudication becomes unworkable and incoherent once such tests utilize surrogate concepts and terminology. Through grammatical exegesis will emerge the theory that the Religion ...


Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein Jan 2009

Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein

Maryland Law Review

No abstract provided.


Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David Gray Jan 2009

Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David Gray

Maryland Law Review

No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Jan 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

Maryland Law Review

No abstract provided.


Like A Hole In The Head, Lief H. Carter Jan 2009

Like A Hole In The Head, Lief H. Carter

Maryland Law Review

No abstract provided.


Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine Jan 2009

Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine

Maryland Law Review

No abstract provided.


Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr. Jan 2009

Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr.

Maryland Law Review

No abstract provided.


The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff Jan 2009

The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff

Maryland Law Review

No abstract provided.


Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks Jan 2009

Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks

Maryland Law Review

No abstract provided.


Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber Jan 2009

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber

Maryland Law Review

No abstract provided.


The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton Jan 2009

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Maryland Law Review

No abstract provided.


Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer Jan 2009

Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer

Journal Articles

More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition almost certainly ...