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Full-Text Articles in Law
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
St. John's Law Review
(Excerpt)
In early July 2017, Michelle Levine booked her first and only appointment with gynecologist Dr. Joon Song for an annual exam. Ms. Levine had a dissatisfying experience with the office. She claims that Dr. Song’s office did not follow up with her for almost a month, and that when she called to ask about the results of a blood test, Dr. Song’s staff falsely informed her that she tested positive for herpes. To top it off, Ms. Levine alleges that the office overcharged her. Following this experience, Ms. Levine did what many others do when dissatisfied with a product …
Government Speech Doctrine—Legislator-Led Prayer's Saving Grace, Daniel M. Vitagliano
Government Speech Doctrine—Legislator-Led Prayer's Saving Grace, Daniel M. Vitagliano
St. John's Law Review
(Excerpt)
This Note argues that Lund was decided incorrectly in part because the Fourth Circuit failed to analyze the type of speech at issue before assessing the constitutionality of the prayer practice. This Note is composed of four parts. Part I surveys the Supreme Court’s legislative prayer jurisprudence—Marsh and Town of Greece. Part II outlines Lund and Bormuth, and the Fourth and Sixth Circuits’ dissimilar applications of the Supreme Court’s precedent. Part III argues that courts must first classify legislative prayers as either government or private speech before assessing whether a prayer practice violates the Establishment Clause. It further argues …
First Amendment Traditionalism, Marc O. Degirolami
First Amendment Traditionalism, Marc O. Degirolami
Faculty Publications
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism's conceptual and normative foundations. It focuses on the Supreme Court's traditionalist interpretation of the First Amendment to understand the distinctive justifications for traditionalism and the relationship between traditionalism and originalism. The first part of the Essay identifies and describes traditionalism in some of the Court's Speech and Religion Clause jurisprudence, highlighting its salience in the Court's recent Establishment Clause doctrine.
Part II develops two justfications for traditionalism: "interpretive" and "democratic-populist." The interpretive justification is that …