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Articles 2491 - 2520 of 2666
Full-Text Articles in Law
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Cardozo Law Review
No abstract provided.
Bowen V. Roy, Lewis F. Powell Jr.
Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.
Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Goldman V. Weinberger, Lewis F. Powell Jr
Goldman V. Weinberger, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
All Faculty Scholarship
The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
All Faculty Scholarship
The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Journal of Law and Health
This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Fordham Urban Law Journal
In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Rules And Standards, Pierre Schlag
Book Review, Pierre Schlag
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
Seattle University Law Review
This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Cardozo Law Review
No abstract provided.
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Northern Illinois University Law Review
An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Aguilar V. Felton, Lewis F. Powell Jr
Wallace V. Jaffree, Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
St. Mary's Law Journal
Evaluation of a billboard ordinance is complicated by the unique properties of this form of expression. The physical structure of the sign is not a form of expression; therefore, a state may regulate the size, height, degree of illumination, and location of the billboard. The sign’s message, on the other hand, is speech and thus protected from government action by the First Amendment. Further, the precise degree of First Amendment protection afforded to a particular message is a function of the character of the speech involved. First Amendment protection attaches if the sign’s message concerns a political, cultural, social, or …
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
Electrifying The First Amendment, Mark S. Nadel
Electrifying The First Amendment, Mark S. Nadel
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Constitutional Law As Moral Philosophy, Gerard E. Lynch
Constitutional Law As Moral Philosophy, Gerard E. Lynch
Faculty Scholarship
The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …
Lynch V. Donnelly, Lewis F. Powell Jr