Law Commons^™

Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen

Fordham Law Review

Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment.

This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …

Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping

Fordham Law Review

The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.

Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …

Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake

Fordham Urban Law Journal

The law needs music, a truth revealed by revisiting the United States Supreme Court’s opinion in NAACP v. Button through the songs of Bob Dylan and the play Music History. This Essay proceeds in three parts. Part I opens with a summary of the Court’s decision in NAACP v. Button, focusing particularly on the expanded understanding of First Amendment rights related to access to the law that flow from this legal opinion. Part II explains the inspiration for this Essay, Seaton’s play Music History, which reveals the influence of music on law and culture during the civil rights movement. Part …