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Full-Text Articles in Law
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
The Implausibility Of Secrecy, Mark Fenster
The Implausibility Of Secrecy, Mark Fenster
Mark Fenster
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …
Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen
Mark D. Rosen
No abstract provided.
Fighting For Equality, And Losing, Kent Greenfield
Fighting For Equality, And Losing, Kent Greenfield
Kent Greenfield
No abstract provided.
Reflections On Immigration Reform, The Workplace, And The Family, Michael Scaperlanda
Reflections On Immigration Reform, The Workplace, And The Family, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee
Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee
Randy Lee
No abstract provided.