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Full-Text Articles in Law
Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu
Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu
Faculty Scholarship
The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear understanding of the value of charitable solicitation. It has also …
Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman
Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman
Duke Law Journal
That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific changes in the behavior of food companies and school officials--and yet, there is little reason for confidence that these "command and control" strategies will make a difference. Instead, we propose "performance-based regulation" of the food industry. This is analogous to the approach our country is now …
Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain
Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain
Duke Journal of Gender Law & Policy
In the context of unionized workforces covered by collective bargaining agreements, companies have-at most-been required to demonstrate a reasonable relationship between the grooming code and the business's effort to project a corporate image that it believes will result in a larger market share.5 In a small number of cases, sexualized branding that exposes workers to sexual harassment or is predicated upon sexual stereotypes not essential to performance of the job has been curtailed by the antidiscrimination mandate of Title VII.6 However, challenges under Title VII have been effective only where corporate branding is at odds with community norms; where the …
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth Mensch, Alan Freeman
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth Mensch, Alan Freeman
Duke Law Journal
No abstract provided.
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Faculty Scholarship
No abstract provided.