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Articles 181 - 210 of 389
Full-Text Articles in First Amendment
Smith And Women's Equality, Leslie C. Griffin
Smith And Women's Equality, Leslie C. Griffin
Cardozo Law Review
No abstract provided.
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Cardozo Law Review
No abstract provided.
Exemptions And The Establishment Clause, Angela C. Carmella
Exemptions And The Establishment Clause, Angela C. Carmella
Cardozo Law Review
No abstract provided.
Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar
Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar
Cardozo Law Review
No abstract provided.
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
Cardozo Law Review
No abstract provided.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Cardozo Law Review
This Article challenges the conventional wisdom that "deadhand" control by testators in certain situations is violative of public policy and should not be enforced. Specifically, it argues that many legacies conditioned on a beneficiary acting a certain way or doing a certain thing, such as not marrying or remarrying, should be enforced. This Article argues that the modern approach of disallowing conditions or restrictions on marital freedom in legacies is a product of a bygone era and that the reasons employed for invalidating such conditions are no longer sufficient justifications in the modern day for the current approach of courts. …
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Abolishing State Trademark Registrations, Lee Ann W. Lockridge
Abolishing State Trademark Registrations, Lee Ann W. Lockridge
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish
Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish
Cardozo Journal of Equal Rights & Social Justice
The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
Articles
The article critiques the Supreme Court's decision in Milkovich v. Alabama, arguing that it undermines First Amendment protections by narrowing the distinction between fact and opinion in defamation cases. The Court's ruling, led by Chief Justice Rehnquist, held that statements implying false facts are actionable, even if framed as opinions. This decision, the article contends, reverses the constitutional logic of earlier precedents like New York Times Co. v. Sullivan, which trusted audiences to discern fact from opinion. The article warns that Milkovich erodes the First Amendment's faith in audience discernment, fostering a paternalistic judicial approach that stifles public debate.
Regulating The Airwaves In Israel's Burgeoning Democracy: Why The Israeli High Court Of Justice Should Have Acknowledged Free Speech In The Case Of Arutz Seven, Maya Tarr
Cardozo Journal of International and Comparative Law
The note examines the role of the Supreme Court of Israel in promoting democracy and freedom of speech, highlighting its interpretation of Basic Laws to include these rights. It critiques the Court's analysis in the Hok Habezek amendment case for not adequately addressing freedom of speech, despite its significant rulings in cases like Kol Haam v. Minister of Interior Affairs.
Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson
Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson
Cardozo Law Review
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Prescribing Orthodoxy, Kelly Sarabyn
Prescribing Orthodoxy, Kelly Sarabyn
Cardozo Public Law, Policy & Ethics Journal
The article examines the constitutional implications of government actions that compel ideological conformity, particularly focusing on the First Amendment's prohibition against coerced ideological speech. It argues that while the Supreme Court has established that the government cannot force citizens to adopt specific ideological beliefs, the legal framework remains unclear and inconsistent. The analysis emphasizes the need for a structured approach to determine when such coercion crosses constitutional boundaries, especially in cases involving captive audiences and government speech. The author proposes that the prohibition on prescribing orthodoxy should explicitly ban the use of nonrational methods to influence citizens' beliefs, ensuring a …
A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber
A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and societal implications of women's right to be topless in public, arguing that this issue intersects with First Amendment rights, equal protection under the law, and cultural perceptions of gender and modesty. It contends that while societal norms heavily influence laws restricting female toplessness, such restrictions often disproportionately target women and raise constitutional concerns. The analysis advocates for a balanced approach, such as zoning regulations, to address these issues while respecting individual rights and community standards.
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Cardozo Law Review
Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …
Introduction: In Flagrante Depicto, Peter Goodrich
Introduction: In Flagrante Depicto, Peter Goodrich
Cardozo Law Review
No abstract provided.
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Articles
No abstract provided.
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha
Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain, David C. Johnston
The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain, David C. Johnston
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between the New York Womens Health and Wellness Act's (WHWA) goal of promoting women's health through contraceptive access and its burden on the First Amendment rights of religious employers. It argues that while the WHWA advances significant public health interests, its contraceptive mandate imposes substantial burdens on religious freedom and free speech, necessitating strict scrutiny. The analysis critiques the New York Court of Appeals' decision for failing to fully consider the plaintiffs' hybrid-rights claims under Supreme Court precedent, highlighting the need for lawmakers to balance competing interests while adhering to constitutional protections.
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Cardozo Law Review
America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as "speech" and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …
The Law And Economics Virus, Spencer Weber Waller
The Law And Economics Virus, Spencer Weber Waller
Cardozo Law Review
No abstract provided.
Hoisting Originality, Joseph Scott Miller
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Cardozo Public Law, Policy & Ethics Journal
The article argues that courts misapply the First Amendment right of access by disclosing juror identities, which can lead to harassment. It advocates for concealing juror information to protect them, similar to how soldiers are protected after service. The solution proposed is to respect jurors' preferences regarding disclosure.
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Cardozo Public Law, Policy & Ethics Journal
The article argues that Indian tribes must enact comprehensive campaign finance regulations to protect the integrity of their electoral processes, balancing the need to prevent corruption with First Amendment rights. These regulations must navigate the restrictive framework set by the Montana ruling, which limits tribal authority over nonmembers, while leveraging tribal sovereignty and cultural values to uphold self-governance. The analysis emphasizes the importance of aligning such regulations with both the Buckley framework and tribal constitutions to ensure enforceability and respect for collective interests.