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Articles 2701 - 2730 of 3422
Full-Text Articles in Constitutional Law
Untying The State Action Knot, Craig M. Bradley
Untying The State Action Knot, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Faculty Articles
This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Art Of Making Law From Other People's Art, Bruce Rogow
The Art Of Making Law From Other People's Art, Bruce Rogow
Cardozo Arts & Entertainment Law Journal
No abstract provided.
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on …
All Things Being Equal, John H. Garvey
All Things Being Equal, John H. Garvey
Scholarly Articles
I will discuss the effect that the proposed Religious Equality Amendment might have on existing First Amendment law.
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis
Articles
The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Florida State University Law Review
No abstract provided.
Constitutional Law—Freedom Of Speech—Homeowner Wins In Battle To Limit City Government's Power To Ban Residential Signs. City Of Ladue V. Gilleo, 114 S. Ct. 2038 (1994)., Stan M. Weber
University of Arkansas at Little Rock Law Review
No abstract provided.
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
William & Mary Law Review
No abstract provided.
Association, Advocacy, And The First Amendment, Victor Brudney
Association, Advocacy, And The First Amendment, Victor Brudney
William & Mary Bill of Rights Journal
No abstract provided.
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
West Virginia Law Review
No abstract provided.
Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy
Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy
Popular Media
No abstract provided.
S.L.A.P.P. Suits: A First Amendment Issue And Beyond, Alice Glover, Marcus Jimison
S.L.A.P.P. Suits: A First Amendment Issue And Beyond, Alice Glover, Marcus Jimison
North Carolina Central Law Review
No abstract provided.
Anonymous Campaign Literature And The First Amendment, Erika King
Anonymous Campaign Literature And The First Amendment, Erika King
North Carolina Central Law Review
No abstract provided.
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Florida State University Law Review
No abstract provided.
Up In Smoke: The Ftc's Refusal To Apply The "Unfairness Doctrine" To Camel Cigarette Advertising, John Harrington
Up In Smoke: The Ftc's Refusal To Apply The "Unfairness Doctrine" To Camel Cigarette Advertising, John Harrington
Federal Communications Law Journal
RJR Nabisco's cigarette advertising icon "Joe Camel" has become one of the most-recognized marketing mascots in America. Unfortunately, the debonair cartoon character attracts recognition, and cigarette buyers, among children. The huge popularity of the advertising campaign among an arguably inappropriate market prompted action by both legislators and the Federal Trade Commission. However, 1990 legislation did not pass the committee stage, and the FTC ended its investigation of the questionable effect the advertising had on children in 1994.
Although the FTC chose not to limit or ban RJR Nabisco's use of Old Joe, this Note contends that regulation was within the …
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne
The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne
William & Mary Bill of Rights Journal
Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …
Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer
Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer
William & Mary Law Review
No abstract provided.
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Turner Broadcasting System, Inc. V. Fcc: The Supreme Court Establishes A Standard Of Review For First Amendment Issues Involving Cable Litigation, Kathryn Seagle Robbie
Turner Broadcasting System, Inc. V. Fcc: The Supreme Court Establishes A Standard Of Review For First Amendment Issues Involving Cable Litigation, Kathryn Seagle Robbie
St. Thomas Law Review
No abstract provided.