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Full-Text Articles in Law

Indoctrination By Elimination: Why Banning Critical Race Theory In Public Schools Is Unconstitutional, Emma Postel Dec 2022

Indoctrination By Elimination: Why Banning Critical Race Theory In Public Schools Is Unconstitutional, Emma Postel

William & Mary Bill of Rights Journal

This Note argues that Texas public school students’ First Amendment Rights have been violated by the passage of Senate Bill 3 (SB 3), which bans the teaching of Critical Race Theory (CRT) in K–12 public schools. The First Amendment is violated here because (1) students have a First Amendment right to speech, and this law bans protected speech; (2) students have a right to receive information, and this ban prevents them from receiving information; and (3) schools are meant to be the marketplace of ideas for students and banning CRT amounts to unconstitutional viewpoint discrimination. This Note does not suggest …


Access, Authentication And Preservation: Three Keys To Boosting The Integrity And Inclusivity Of Public Information, Leslie A. Street, Anne E. Burnett Feb 2022

Access, Authentication And Preservation: Three Keys To Boosting The Integrity And Inclusivity Of Public Information, Leslie A. Street, Anne E. Burnett

Library Staff Publications

No abstract provided.


Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii Jan 2013

Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii

Brian D Anderson

The Internet has the potential to play a key role in the way civil society organizations promote the rule of law in transitional states. In many states several barriers stand in the way of utilizing the Internet for this purpose. Challenges that arise include technological deficits and poor infrastructure, socio-economic barriers, government hostility to open information, and civil society organizations unable to reach populations. With the development of new technologies, and increased openness of information, civil society organizations will be better positioned to embrace the use of the Internet to promote the rule of law by helping citizens receive information, …


Biowatch South Africa And The Challenges In Enforcing Its Constitutional Right To Access To Information, Wilhelm Peekhaus Jan 2011

Biowatch South Africa And The Challenges In Enforcing Its Constitutional Right To Access To Information, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its weaknesses, the paper engages in an extended account of the Biowatch case as an exemplar of some of the more pronounced challenges to the effective implementation of the country's access to information legislation. The elaboration of the case is based on interviews conducted with the Director of Biowatch and counsel from …


Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck Jan 2008

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …


Administrative Law - Freedom Of Information Act - Taxpayer's Request For Disclosure Of Return Information Is Governed By The Freedom Of Information Act Rather Than The Internal Revenue Code, Michael E. Defrank Jan 1987

Administrative Law - Freedom Of Information Act - Taxpayer's Request For Disclosure Of Return Information Is Governed By The Freedom Of Information Act Rather Than The Internal Revenue Code, Michael E. Defrank

Villanova Law Review

No abstract provided.


Constitutional Law - First Amendment - Public Does Not Have Absolute Right Of Access To Government Agency Information, Richard W. Riley Jan 1987

Constitutional Law - First Amendment - Public Does Not Have Absolute Right Of Access To Government Agency Information, Richard W. Riley

Villanova Law Review

No abstract provided.


Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida Jan 1987

Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida

Villanova Law Review

No abstract provided.