Law Commons^™

Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli

Duke Law Journal

Rapidly developing technological opportunities for unauthorized uses of identity-from "virtual kidnapping" to digitalcasting-coincide with growing demand for a preemptive federal right of publicity that can replace the existing welter of inconsistent state laws. Progress is impeded, however, by intractable doctrinal confusion and academic hostility to the right as allegedly inimical to society's cultural need to manipulate celebrity images. Because the right of publicity is traditionally based on Lockean labor theory and analogized to intellectual property in created works, it is vulnerable to such attacks; to date, no serious attempt has been made to elaborate an alternative philosophical justification that can …

Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

Scholarly Articles

Not available.

"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees

Washington and Lee Law Review

No abstract provided.

First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard

Notre Dame Law Review

No abstract provided.

Authors, Editors, And Uncommon Carriers: Identifying The Speaker Within The New Media, Michael I. Meyerson

Notre Dame Law Review

No abstract provided.

Discourse And Its Discontents, Frederick Schauer

Notre Dame Law Review

No abstract provided.

Scalia's Sermonette, Michael Stokes Paulsen, Steffen N. Johnson

Notre Dame Law Review

No abstract provided.

Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent Blasi

Notre Dame Law Review

No abstract provided.

Law And The Ideal Citizen, Lee C. Bollinger

Washington and Lee Law Review

No abstract provided.

Architecture Of The First Amendment And The Case Of Workplace Harassment, Cynthia L. Estlund

Notre Dame Law Review

No abstract provided.

Is There An Obligation To Listen?, Leslie Gielow Jacobs

University of Michigan Journal of Law Reform

This Article thoroughly considers the question whether the constitutional guarantee of "freedom of speech" includes an obligation to listen. It first reviews the scopes of the right to speak, the right to listen, and the right to be left alone from things other than unwanted speech, and the relevance to each of physical location. It concludes that, consistent with constitutional doctrine and the Court's articulations, the government's ability to protect individuals from unwanted speech should not vary according to the listener's location. After noting that the actual protection of unwilling listeners may differ because of the different physical realities of …

1999 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

Coif Comes to Cardozo, page 18

Wigs, Coifs, and Other Idiosyncrasies of English Judicial Attire, page 20

New Media, Globalization, and Freedom of Speech are Focus of Squadron Program, page 25

An Interview with President Norman Lamm, page 30

Alumni News & Notes, page 34

National Endowment Of The Arts V. Finley: The Propriety Of Viewpoint In Arts Funding Still Unknown, Melissa S. Vignovic

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps

Cornell Law Review

No abstract provided.

Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith

Cornell Law Faculty Publications

Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot

Michigan Journal of Gender & Law

On many university and college campuses, there exists an anti-civil-libertarian spirit reminiscent of the McCarthy period. During the 1940s and early 1950s, regents, trustees, academic administrations, and the American Association of University Professors (AAUP), although each for a different reason, persuaded the Academy to repress personal liberty. It is difficult to pinpoint precisely when constitutionally and statutorily protected liberties and rights became secondary to insulating educational institutions from damage suits in their pursuit of a selective social and political agenda.

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould

Michigan Journal of Gender & Law

On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …

What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess

Touro Law Review

No abstract provided.

Is Litigation The "Suicide Solution"? Performers, Producers And Distributors' Liability For The Violent Acts Of Music Listeners, Maureen Mahoney

Touro Law Review

No abstract provided.

Five Modern Notions In Search Of An Author: The Ideology Of The Intimate Society In Constitutional Speech Law, Marie Failinger

Faculty Scholarship

In this article, drawing heavily on the work of sociologist Richard Sennett, the author argues that the Court’s jurisprudence lends credence to, and exacerbates, five damaging “common sense” notions about American public social life: that public space and time are naked or empty, and can be imagined as no more than transportation tunnels or even the binoculars of a voyeur, as illustrated by the public forum doctrine; that massed acts of public communication, or “speech crowds” are dangerous and must be controlled by force, as the public forum and “clear and present danger” doctrines suggest; that “shadow” space for deviant …

Rice V. Paladin Enterprises, Inc.: Does The First Amendment Protect Instruction Manuals On How To Commit Murder, Emma Dailey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred

Seattle University Law Review

This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …

Law And The Ideal Citizen, Lee C. Bollinger

Faculty Scholarship

The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …

When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred

Scholarly Works

Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …