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Articles 61 - 84 of 84
Full-Text Articles in Law
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Alan E Garfield
No abstract provided.
A Criminal Justice System That Works, Alan E. Garfield
A Criminal Justice System That Works, Alan E. Garfield
Alan E Garfield
No abstract provided.
Don't Expect Kagan To Change Court Dynamic, Alan E. Garfield
Don't Expect Kagan To Change Court Dynamic, Alan E. Garfield
Alan E Garfield
No abstract provided.
Stevens Applied Common Sense, Alan E. Garfield
Conservative College Club Should Be Open To Gays, Alan E. Garfield
Conservative College Club Should Be Open To Gays, Alan E. Garfield
Alan E Garfield
No abstract provided.
Elevating Civic Discourse, Alan E. Garfield
Congress' Power Is Properly Vested, Alan E. Garfield
Congress' Power Is Properly Vested, Alan E. Garfield
Alan E Garfield
No abstract provided.
Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield
Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield
Alan E Garfield
No abstract provided.
Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield
Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield
Alan E Garfield
Copyright and the First Amendment exist in tension. The Supreme Court acknowledges this tension but says that copyright law resolves it with two built-in free speech safeguards: (1) by protecting only the expression of ideas and not the ideas themselves (the idea/expression dichotomy); and (2) by allowing the use of expression under certain circumstances (the fair use doctrine). The problem is that these doctrines are notoriously vague, so users often cannot know ex ante whether their uses will be immune from liability. This unpredictably might be tolerable if users could be confident that, if they were subject to liability, any …
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Alan E Garfield
No abstract provided.
Do Kids Belong In Prison? The Answer Will Say A Lot About What Type Of Society We Are, Alan E. Garfield
Do Kids Belong In Prison? The Answer Will Say A Lot About What Type Of Society We Are, Alan E. Garfield
Alan E Garfield
No abstract provided.
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Alan E Garfield
No abstract provided.
Using Activism Appropriately, Alan E. Garfield
The Future Of Local News Reporting, Alan E. Garfield
The Future Of Local News Reporting, Alan E. Garfield
Alan E Garfield
No abstract provided.
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Reality Behind Supreme Court Picks, Alan E. Garfield
The Reality Behind Supreme Court Picks, Alan E. Garfield
Alan E Garfield
No abstract provided.
Foul Language And Free Speech, Alan E. Garfield
Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield
Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield
Alan E Garfield
One of the nation’s more profound and volatile ideological divides is between fundamentalist religious adherents and secular members of society. This divide has been particularly salient in recent years as issues challenging traditional religious morality – abortion, gay marriage, and stem-cell research – have been exploited as wedge issues for political gain. In this Article, I join the efforts of other scholars to find a way to bridge the gap between religious and secular Americans. By focusing on one particularly contentious front in the religious-secular wars – the teaching of intelligent design – I am able to identify a value …
Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield
Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield
Alan E Garfield
No abstract provided.
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Alan E Garfield
No abstract provided.
Judge Judges On How They Use Their Power, Alan E. Garfield
Judge Judges On How They Use Their Power, Alan E. Garfield
Alan E Garfield
No abstract provided.
Protecting Children From Speech, Alan E. Garfield
Protecting Children From Speech, Alan E. Garfield
Alan E Garfield
Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …
A Positive Rights Interpretation Of The Establishment Clause, Alan E. Garfield
A Positive Rights Interpretation Of The Establishment Clause, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Mischief Of Cohen V. Cowles Media Co., Alan E. Garfield
The Mischief Of Cohen V. Cowles Media Co., Alan E. Garfield
Alan E Garfield
For a short, sloppily reasoned 5-4 decision that textbook editors have largely consigned to note status, Cohen v. Cowles Media Co. has had a remarkably insidious influence on First Amendment law. The problem is not so much the decision’s holding. The Supreme Court’s conclusion that newspapers could be liable for breaching a promise of anonymity to a source might actually further speech interests. The problem instead is in Cohen’s reasoning. It is the way in which the Supreme Court so cavalierly dismissed the argument that the First Amendment precluded punishing media defendants for the publication of truthful information. The Court …