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Articles 181 - 210 of 282
Full-Text Articles in First Amendment
The Priest-Penitent Privilege Revisited: A Reply To The Statutes Of Abrogation, Jude O. Ezeanokwasa
The Priest-Penitent Privilege Revisited: A Reply To The Statutes Of Abrogation, Jude O. Ezeanokwasa
Intercultural Human Rights Law Review
There is no gainsaying the fact that the near-pandemic social ill of child sex abuse calls for urgent attention given the many dire effects of the crime. Harm to children is not suffered by them alone. The immediate family, parents, and friends also suffer with them. Moreover, society is burdened by the existence of child sex abuse as it is called on to restore the physical and mental health of these often traumatized younger members. To nip this problem in the bud, pursuing the philosophy of early detection, all fifty states, the District of Columbia, American Samoa, Guam, Puerto Rico, …
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Journal of Business & Technology Law
No abstract provided.
Contents, First Amendment Law Review
Weighing Constitutional Anchors: New York Times Co. V. Sullivan And The Misdirection Of First Amendment Doctrine, Ronald A. Cass
Weighing Constitutional Anchors: New York Times Co. V. Sullivan And The Misdirection Of First Amendment Doctrine, Ronald A. Cass
First Amendment Law Review
No abstract provided.
The First Amendment Law Review's Annual Symposium: A Dialogue On The Legacy Of New York Times Co. V. Sullivan, Ken Paulson
The First Amendment Law Review's Annual Symposium: A Dialogue On The Legacy Of New York Times Co. V. Sullivan, Ken Paulson
First Amendment Law Review
No abstract provided.
Revitalizing Rosenbloom: The Matter Of Public Concern Standard In The Age Of The Internet, Amy Kristin Sanders, Holly Miller
Revitalizing Rosenbloom: The Matter Of Public Concern Standard In The Age Of The Internet, Amy Kristin Sanders, Holly Miller
First Amendment Law Review
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …
Federally Recognized Rights Of Lgbtq Students To Form Gay-Straight Alliance Organizations (Gsas), Jerry Foxhoven
Federally Recognized Rights Of Lgbtq Students To Form Gay-Straight Alliance Organizations (Gsas), Jerry Foxhoven
Cardozo Law Review de•novo
The purpose of this article is to explore the various avenues that have been used in the federal courts to ensure the right to organize Gay Straight Alliances (GSAs), and to detail the use of the federal courts by students who assert the right to express contrary views on sexual orientation issues.
College Students’ Online Speech: Searching For The Appropriate Standards Within First Amendment Case Principles, Jeffrey C. Sun, Neal H. Hutchens
College Students’ Online Speech: Searching For The Appropriate Standards Within First Amendment Case Principles, Jeffrey C. Sun, Neal H. Hutchens
Cardozo Law Review de•novo
College student free speech cases, particularly as applied to student online speech challenges, suffer from conflicting legal principles. This paper highlights empirically noted problems in resolving disputes between a college student’s free speech rights and a public college’s authority to maintain order and campus safety. In Part I of this paper, the authors present the established legal principles from two foundational cases addressing issues of student speech in the educational context. In Part II, the authors demonstrate how courts have used PK12 education cases and public employment cases as sources that address legal principles for college student speech cases—particularly to …
The Basic Logic Of Post-Tinker Jurisprudence, R. George Wright
The Basic Logic Of Post-Tinker Jurisprudence, R. George Wright
Cardozo Law Review de•novo
Tinker v. Des Moines Independent Community School District is rightly regarded as a landmark student speech case. At this point, however, it is fair and important to ask about the likely consequences of radically abandoning Tinker and the succeeding case law. What might it mean, at this historical point, to abandon Tinker along with its qualifying and limiting cases? The discussion briefly pursues this question and endorses a radical abandonment of Tinker and the succeeding cases as binding case law.
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
UIC Law Open Access Faculty Scholarship
Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …
Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans
Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans
Articles
The Patient Protection and Affordable Care Act and implementing regulations require for-profit businesses with more than fifty employees to include contraceptive products in their health care coverage for employees. Throughout the country, privately held corporations and their owners challenged this requirement on the grounds that it violates the Religious Freedom Restoration Act (RFRA), which states that the government shall not “substantially burden” a religious practice unless the regulation is “the least restrictive means” of serving a “compelling governmental interest.” The employers argued that requiring them to include contraceptives in employees’ health coverage substantially burdened their religious opposition to using certain …
The ‘Competition Of The Market’: “Enter The Elephant!” [A Restatement Of A Most Perplexing First Amendment Conundrum], William W. Van Alstyne
The ‘Competition Of The Market’: “Enter The Elephant!” [A Restatement Of A Most Perplexing First Amendment Conundrum], William W. Van Alstyne
Faculty Scholarship
This short essay revisits the enduring problem of “government propaganda” in the domestic marketplace of “competing ideas.” Drawing his argument from the suggestions and from strongly worded dicta by several famous twentieth century justices (most notably Oliver Wendell Holmes, Jr., Louis Brandeis, Robert Jackson and Hugo Black), Van Alstyne suggests that the First Amendment invests every ordinary citizen with suitable standing (akin to that of a corporate shareholder) to call upon any judge bound by oath of office, as set forth in Article VI, and whose aid is thus appropriately invoked, to enjoin the government from acting as an ideological …
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Kentucky Law Journal
No abstract provided.
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Maryland Law Review
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
The Dangers Of Press Clause Dicta, Ronnell A. Jones
The Dangers Of Press Clause Dicta, Ronnell A. Jones
Georgia Law Review
If an attorney, scholar, or citizen opened the 448th volume of the U.S. Reports to page 573, she would find herself midway through a case captioned Richmond Newspapers, Inc. v. Virginia. Context would make clear that the case was brought by a newspaper that wished to report on a criminal trial but was precluded from doing so when the trial judge closed the proceedings. The tenor of the analysis would foreshadow that the newspaper was on its way to a 7-1 victory and a holding that gave it the access it sought to the judicial proceeding. And the tone of …
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Georgia Law Review
Media lawyers frequently describe New York Times Co. v. Sullivan as a great win for the press. Certainly the Court's ruling saved the New York Times from financial ruin. However, four Alabama ministers active in the Southern Christian Leadership Conference (SCLC), Ralph D. Abernathy, Joseph E. Lowery, Fred L. Shuttlesworth, and S.S. Seay Sr., were also targeted by Sullivan as defendants. Despite testimony that the ministers had not authorized the use of their names in the advertisement, "Heed Their Rising Voices," and learned of the ad only when Sullivan asked them for a retraction, the jury found each liable for …
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Georgia Law Review
Like all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on …
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Georgia Law Review
In July 2011, the British newspaper The Guardian reported that journalists and private investigators working for Rupert Murdoch's tabloid News of the World had hacked into the mobile phone messages of teenage murder victim Milly Dowler after her reported abduction in 2002, thereby giving her parents and friends the false hope that she had accessed her phone and was still alive. While journalistic "dark arts"-such as phone hacking, covert surveillance, blagging had been used by the British tabloid press vis-A-vis celebrities and public persons for some time without triggering much press interest or public outrage, the Dowler story enraged the …
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Oklahoma Law Review
Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …
The First Thing We Do, Jorge R. Roig
The First Thing We Do, Jorge R. Roig
Scholarly Works
There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …
Rethinking The "Religious Questions" Doctrine, Christopher C. Lund
Rethinking The "Religious Questions" Doctrine, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Book Review, Justin R. Huckaby
Book Review, Justin R. Huckaby
Journal Articles
In The Tragedy of Religious Freedom, Marc 0. DeGirolami explains the delicate nuances of the legal theory of religious liberty and the risks that arise from its application in the sensitive area of the First Amendment's religion clauses. There are several different theoretical approaches to cases involving the religion clauses. DeGirolami endorses the approach he describes as the method of tragedy and history. This method approaches the pluralistic nature of religion with the understanding that there are many different values at play in cases involving religion and that sacrifices will be made in all cases. Courts should also consider the …
Religion Without God And The Future Of Free Exercise, R. George Wright
Religion Without God And The Future Of Free Exercise, R. George Wright
Cleveland State Law Review
In Religion Without God Ronald Dworkin offers a distinctive moral reading of, primarily, the Free Exercise Clause, rather than an historical or precedent-based reading of that clause. Professor Dworkin’s reading apparently seeks to expand the class of persons whose beliefs might fall within the potential coverage of the Free Exercise Clause. But Dworkin’s recommended class of covered persons is, we shall suggest, controversial in both its inclusions and exclusions. Dworkin’s criteria for the revised class of those covered by the Free Exercise Clause would likely be unstable, with significant further consequences for the substance of free exercise jurisprudence in general. …
The Heroic Corporation And First Amendment Romanticism: A Response To Professors Redish And Neuborne, Tamara R. Piety
The Heroic Corporation And First Amendment Romanticism: A Response To Professors Redish And Neuborne, Tamara R. Piety
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Meta Rights, Charlotte Garden
Meta Rights, Charlotte Garden
Fordham Law Review
Are individuals entitled to notice of their constitutional rights or assistance in exercising those rights? In most contexts, the answer is no. Yet, there are some important exceptions, in which the U.S. Supreme Court has held that special circumstances call for notice and procedural protections designed to facilitate rights invocations. This Article refers to these entitlements as “meta rights”—rights that protect rights. The most famous of these is the Miranda warning, which notifies suspects of their Fifth Amendment rights to silence and an attorney. There are others as well—among them, the First Amendment right of individuals represented by public sector …
Compelled Disclosures, Caroline Mala Corbin
Compelled Disclosures, Caroline Mala Corbin
Articles
Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples …