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Full-Text Articles in Law

2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr. Dec 2014

2007 National Lawyer’S Convention The Federalist Society And Its Federalism And Separation Of Powers Practice Groups Present A Panel Debate On Federalism: Religion, Early America And The Fourteenth Amendment, John Eastman, Marci Hamilton, William H. Pryor Jr.

University of Massachusetts Law Review

Transcript of the Federalist Society and its Federalism and Separation of Powers Practice Groups panel debate at the 2007 National Lawyers Convention including panelists Dean John Eastman of Chapman University School of Law, Professor Marci Hamilton of the Benjamin N. Cardozo School of Law, and moderated by Hon. William H. Pryor Jr. of the U.S. Court of Appeals, Eleventh Circuit.


Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek Nov 2014

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.


The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez Nov 2014

The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez

Touro Law Review

No abstract provided.


First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton May 2014

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Touro Law Review

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky May 2014

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness Apr 2014

Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness

Touro Law Review

No abstract provided.


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Jan 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Scholarly Works

Collective bargaining by public sector employees has been the subject of recent heated debates in the state legislatures of Wisconsin, Michigan, Ohio, and Indiana. The right of public sector employees to freedom of association, collective bargaining, and the right to participate in politics are among the “citizenship rights” of public employees. In many states, however, the citizenship rights of public employees are under threat both in state legislatures and in the courts. Paradoxically, the ability of public sector employees to change legislation has been hampered over the years by Supreme Court decisions, making it more difficult to organize politically by …


Second Thoughts About The First Amendment, Randy J. Kozel Jan 2014

Second Thoughts About The First Amendment, Randy J. Kozel

Journal Articles

The U.S. Supreme Court has shown a notable willingness to reconsider — and depart from — its First Amendment precedents. In recent years the Court has marginalized its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has rejected its past decisions on corporate electioneering and aggregate campaign contributions. And it has revised its earlier positions on union financing, abortion protesting, and commercial speech. Under the conventional view of constitutional adjudication, dubious precedents enjoy a presumption of validity through the doctrine of stare decisis. This Article …