Constitutional Law Commons^™

Constitutional Law—Legislative Prayer Does Not Violate Establishment Clause, Caswell Bruton Blackard Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Hawaiian Ripples, Patricia D. White

Articles

Bacchus Imports, Ltd. and Eagle Distributors, Inc.

v.

George Freitas, Director of Taxation of the State of Hawaii

(Docket No. 82-1565)

Argued January 11, 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.

Freedom Of Expression In England And The United States: A Comparative Study, With Particular Reference To Restrictions Imposed By Means Of Prior Restraint, Peter G. Shears

LLM Theses and Essays

Freedom of expression is both a basic right and a basic need in all democratic societies. Without it, democracy itself cannot function. This is a comparative study. The protection, or more often the restriction, of freedom of expression in England before the American Revolution is considered first. Then two chapters outline the development and extent of freedom of expression, first in America, then in England, from 1776 up to the present day. There follows a direct comparison in two separate areas: the Fair Trial-Free Press tension which exists between the interests of those involved in judicial proceedings, and their rights …

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

Third Party Standing, Henry Paul Monaghan

Faculty Scholarship

Traditional constitutional theory posits a narrow conception of the issues that a litigant properly may assert. A litigant may invoke only his own constitutional rights or immunities; he may challenge a statute only in the terms in which it is applied to him; and, in the application process, courts have broad power to construe the relevant statutory language so as to avoid constitutional difficulties. The Yazoo case is perhaps the best known example of judicial adherence to these canons. There, a railroad claimed that a statute mandating speedy settlement of "all claims for lost or damaged freight" contravened the fourteenth …

Constitutional Law As Moral Philosophy, Gerard E. Lynch

Faculty Scholarship

The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …

The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin

Cornell Law Faculty Publications

Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis

West Virginia Law Review

In Jaffree v. Board of School Commissioners, the United States District Court for the Southern District of Alabama upheld, against a constitutional challenge, teacher led school prayers. In the companion case of Jaffree v. James, the court upheld the Alabama Prayer Law which permitted state sanctioned prayers in public schools. The religious exercises and the Prayer Law were, of course, unconstitutional when viewed in light of decisions of the United States Supreme Court holding that the first amendment erected a wall of separation between church and state. When faced with direct and settled precedent, the lower federal courts generally follow …

Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown

Florida State University Law Review

No abstract provided.

Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples

University of Arkansas at Little Rock Law Review

No abstract provided.

Content Regulation And The First Amendment, Geoffrey R. Stone

William & Mary Law Review

No abstract provided.

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.

New York V. Ferber, 50 U.S.L.W. 5077 (U.S. July 2, 1982), Eric L. Dauber

Florida State University Law Review

Constitutional Law-CHILD PORNOGRAPHY: A NEW EXCEPTION TO THE FIRST AMENDMENT

Constitutional Law - Freedom Of Speech - Township Ordinance Prohibiting Distribution Of Advertising Materials By Depositing Them On Premises Without Homeowner's Consent Violates The First And Fourteenth Amendments, J. Gordon Cooney Jr.

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Free Press/Fair Trial - The Public Has A First Amendment Right Of Access To Pretrial Suppression, Due Process, And Entrapment Hearings, Stephen V. Siana

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Freedom Of Speech - Since The Meadowlands Sports Complex Is Not A Public Forum, The Prohibition Of All Literature Distribution And Fund Solicitation By Outside Organizations Does Not Violate The First Amendment, Nancy H. Paterson

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson

Villanova Law Review (1956 - )

No abstract provided.

The Flag Salute Cases And The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …

The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill

Law Faculty Articles and Essays

The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the technique and …

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.