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Articles 1621 - 1650 of 1727
Full-Text Articles in First Amendment
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Journal of Law and Health
This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Rules And Standards, Pierre Schlag
Book Review, Pierre Schlag
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Cardozo Law Review
No abstract provided.
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
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 …
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Electrifying The First Amendment, Mark S. Nadel
Electrifying The First Amendment, Mark S. Nadel
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Constitutional Law As Moral Philosophy, Gerard E. Lynch
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 …
Lynch V. Donnelly, Lewis F. Powell Jr
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
Law Faculty Publications
This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cardozo Law Review
No abstract provided.
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
Cardozo Law Review
No abstract provided.
Mueller V. Allen, Lewis F. Powell Jr.
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
Indiana Law Journal
No abstract provided.
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
Journal Publications
In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.
Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale
Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale
Cardozo Law Review
No abstract provided.
Overbreadth, Henry Paul Monaghan
Overbreadth, Henry Paul Monaghan
Faculty Scholarship
The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.