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Articles 31 - 60 of 123
Full-Text Articles in First Amendment
Rethinking Regulation Fair Disclosure And Corporate Free Speech, Susan B. Heyman
Rethinking Regulation Fair Disclosure And Corporate Free Speech, Susan B. Heyman
Cardozo Law Review
In a significant departure from the disclosure regime created by the insider trading rules of the Securities and Exchange Act of 1934 (Exchange Act), Regulation Fair Disclosure (Reg FD) forces publicly traded companies to make simultaneous public disclosure of any information they make available to analysts or institutional investors. The rule gives issuers a choice: make public disclosure or don't disclose to anyone. Reg FD targets the transmission of information, rather than any actual trading based on that information. Unlike the insider trading rules, Reg FD is not an anti-fraud provision and the government can assert a claim without establishing …
Dirty Secrets: The First Amendment In Protective-Order Litigation, Dustin B. Benham
Dirty Secrets: The First Amendment In Protective-Order Litigation, Dustin B. Benham
Cardozo Law Review
No abstract provided.
Curbing Overzealous Prosecution Of The Espionage Act: Thomas Andrews Drake And The Case For Judicial Intervention At Sentencing, Pamela Takefman
Curbing Overzealous Prosecution Of The Espionage Act: Thomas Andrews Drake And The Case For Judicial Intervention At Sentencing, Pamela Takefman
Cardozo Law Review
No abstract provided.
Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando
Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando
Cardozo Law Review
No abstract provided.
The Disclaimer Dichotomy: A First Amendment Analysis Of Compelled Speech In Disclosure Ordinances Governing Crisis Pregnancy Centers And Laws Mandating Biased Physician Counseling, Molly Duane
Cardozo Law Review
No abstract provided.
Physician Speech And Mandatory Ultrasound Laws: The First Amendment's Limit On Compelled Ideological Speech, Jennifer M. Keighley
Physician Speech And Mandatory Ultrasound Laws: The First Amendment's Limit On Compelled Ideological Speech, Jennifer M. Keighley
Cardozo Law Review
Since Planned Parenthood v. Casey opened the door to more pervasive state regulation of abortions, states have increasingly used their regulatory power to coerce physician speech. The Supreme Court has not yet explained, however, whether and how physicians' First Amendment rights limit such attempts to coerce state-mandated speech. This Article argues that while the precise contours of physicians' First Amendment rights have yet to be articulated, physicians certainly retain the core First Amendment right to refuse to speak the state's ideological messages. I then evaluate whether mandatory ultrasound laws, which require a physician to perform an ultrasound exam and to …
Why Can't We Be Friends?: How Far Can The State Go In Restricting Social Networking Communications Between Secondary School Teachers And Their Students?, Elise Rosen Puzio
Why Can't We Be Friends?: How Far Can The State Go In Restricting Social Networking Communications Between Secondary School Teachers And Their Students?, Elise Rosen Puzio
Cardozo Law Review
No abstract provided.
Who Watches The Watchmen? Big Brother's Use Of Wiretap Statutes To Place Civilians In Timeout, Travis S. Triano
Who Watches The Watchmen? Big Brother's Use Of Wiretap Statutes To Place Civilians In Timeout, Travis S. Triano
Cardozo Law Review
No abstract provided.
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Cardozo Law Review
No abstract provided.
Do Religious Tax Exemptions Entangle In Violation Of The Establishment Clause? The Constitutionality Of The Parsonage Allowance Exclusion And The Religious Exemptions Of The Individual Health Care Mandate And The Fica And Self-Employment Taxes, Edward A. Zelinsky
Cardozo Law Review
No abstract provided.
The Religion Clauses As Mutually Reinforcing Mandates: Why The Arguments For Rigorously Enforcing The Free Exercise Clause And Establishment Clause Are Stronger When Both Clauses Are Taken Seriously, Alan Brownstein
Cardozo Law Review
No abstract provided.
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. …
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.
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.
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
Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner
Cardozo Law Review
No abstract provided.
Screening Out Cyberbullies: Remedies For Victims On The Internet Playground, Shira Auerbach
Screening Out Cyberbullies: Remedies For Victims On The Internet Playground, Shira Auerbach
Cardozo Law Review
No abstract provided.
The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz
The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz
Cardozo Law Review
No abstract provided.
Against Freedom Of Commercial Expression, Tamara R. Piety
Against Freedom Of Commercial Expression, Tamara R. Piety
Cardozo Law Review
No abstract provided.
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
Cardozo Law Review
No abstract provided.
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Cardozo Law Review
No abstract provided.