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Full-Text Articles in Law

Don't Tap, Don't Stare, And Keep Your Hands To Yourself! Critiquing The Legality Of Gay Sting Operations, Jordan Woods May 2009

Don't Tap, Don't Stare, And Keep Your Hands To Yourself! Critiquing The Legality Of Gay Sting Operations, Jordan Woods

Jordan Blair Woods

This Article demonstrates that the execution and design of gay sting operations are constitutionally suspect. I posit that law enforcement officials are punishing men for constitutionally permissible expressive conduct conveying messages of sexual attraction and desire, and are therefore executing gay sting operations in ways that violate First Amendment free speech guarantees. Moreover, despite the fact that people of all sexual orientations have public sex, gay sting operations are only being targeted against men who have sex with other men. Thus, I argue that the selective enforcement of lewd conduct laws raises doubts about the legality of gay sting operations …


A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky Apr 2009

A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky

The University of New Hampshire Law Review

[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …


Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis Mar 2009

Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The 39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard L. Aynes Jan 2009

The 39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard L. Aynes

The 39th Congress Project

No abstract provided.


140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox Jan 2009

140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Con Law Center Articles and Publications

This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and historians—the …