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Articles 2761 - 2790 of 3422
Full-Text Articles in Constitutional Law
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
William & Mary Bill of Rights Journal
No abstract provided.
The H-Bomb And The First Amendment, Erwin Knoll
The H-Bomb And The First Amendment, Erwin Knoll
William & Mary Bill of Rights Journal
No abstract provided.
Back From The Brink: Part Ii, Joel M. Gora
Freedom Of Speech & Press: Gross V. New York Times, Co.
Freedom Of Speech & Press: Gross V. New York Times, Co.
Touro Law Review
No abstract provided.
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Touro Law Review
No abstract provided.
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
West Virginia Law Review
No abstract provided.
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
West Virginia Law Review
No abstract provided.
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
Touro Law Review
No abstract provided.
Trial By Tabloid, Mercy Hermida
Trial By Tabloid, Mercy Hermida
St. Thomas Law Review
An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …
Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser
Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser
St. Thomas Law Review
Sexual misconduct among clergy members is a rare but troubling societal phenomenon, made more evident in the 1990s by dramatic news reporting and high-profile litigation demands. Revelation is no longer just an uplifting part of the New Testament; revelation is a tabloid tactic for uplifting television ratings and newspaper sales by assailing massive sexual scandals in the churches. This article focuses on a clash of doctrines that is developing in tort cases, when institutional churches are sued for failure to adequately oversee and control their errant ministers and priests. The clash arises because the religious doctrines of faith, responsibility and …
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Articles by Maurer Faculty
In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.
I challenge this reading of the …
Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax
Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax
Touro Law Review
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman
A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman
Buffalo Law Review
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Public Forum Doctrine And The Perils Of Categorical Thinking: Lessons From Lamb's Chapel, Rosemary C. Salomone
Public Forum Doctrine And The Perils Of Categorical Thinking: Lessons From Lamb's Chapel, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In recent years, the intersection of the Religion and Speech Clauses of the First Amendment has become increasingly controversial particularly in the context of public schooling. Religious group meetings, the distribution of religious literature, the discussion of religious themes, and the recitation of prayers at graduation ceremonies have all forced the courts to weigh and re-weigh the right to individual speech against the responsibility of the state to stay within the bounds of Establishment Clause doctrine. Several legal and political factors have fueled this debate. Although the Supreme Court has reaffirmed on several occasions the unconstitutionality of organized prayer …
Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi
Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi
Faculty Scholarship
Candidates for office spend too much of their time raising money. This is scarcely a controversial proposition. A major impetus for campaign finance reform is the frustration politicians now feel concerning how much time they must devote to courting potential donors, often by methods borrowed from the marketplace that can only be described as demeaning. The situation has gotten worse as electoral merchandising has grown ever more sophisticated and expensive.
Voice In Government: The People, Emily Calhoun
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
William & Mary Bill of Rights Journal
No abstract provided.
The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey
The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey
William & Mary Bill of Rights Journal
No abstract provided.
Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy
Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy
William & Mary Bill of Rights Journal
No abstract provided.
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
Political Science Faculty Publications
One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise …
Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.
Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Music Of Murder, Dennis R. Martin
The Music Of Murder, Dennis R. Martin
William & Mary Bill of Rights Journal
No abstract provided.
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
Cardozo Law Review
No abstract provided.
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Articles
No abstract provided.
The Pennsylvania Abortion Case, Janet Benshoof