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Articles 4141 - 4170 of 7923
Full-Text Articles in First Amendment
Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino
Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino
Pepperdine Law Review
No abstract provided.
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell
Pepperdine Law Review
In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Pepperdine Law Review
No abstract provided.
The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco
The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco
Pepperdine Law Review
No abstract provided.
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Pepperdine Law Review
This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world's knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …
Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut
Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut
Pepperdine Law Review
No abstract provided.
Civil Rights, Erwin Chemerinsky
"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff
"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff
Pepperdine Law Review
No abstract provided.
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk
Pepperdine Law Review
No abstract provided.
Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness
Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness
Pepperdine Law Review
No abstract provided.
Free Speech, Kathleen M. Sullivan
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams
Pepperdine Law Review
The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler
Pepperdine Law Review
No abstract provided.
Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo
Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
Rules Of General Applicability, Jeffrey M. Shaman
Rules Of General Applicability, Jeffrey M. Shaman
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
The Lost Democratic Institution Of Petitioning: Public Employee Collective Bargaining As A Constitutional Right, Catherine Phillips
The Lost Democratic Institution Of Petitioning: Public Employee Collective Bargaining As A Constitutional Right, Catherine Phillips
First Amendment Law Review
No abstract provided.
Making The Argument That The Smith-Mundt Act Has Little Control Over The Press' Publication Of U.S. Government-Produced Foreign Views, Brett Holladay
Making The Argument That The Smith-Mundt Act Has Little Control Over The Press' Publication Of U.S. Government-Produced Foreign Views, Brett Holladay
First Amendment Law Review
No abstract provided.
The Repercussions Of Losing The Right To Respond: Why Matching Funds Should Be Constitutional For Judicial Elections Even After Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, J. Alexandra Gonzales
The Repercussions Of Losing The Right To Respond: Why Matching Funds Should Be Constitutional For Judicial Elections Even After Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, J. Alexandra Gonzales
First Amendment Law Review
No abstract provided.
Cooking Up A New Lemon Test: The Establishment Clause, Displays Of Religious Objects, And Lessons From India, Christopher J. Heaney
Cooking Up A New Lemon Test: The Establishment Clause, Displays Of Religious Objects, And Lessons From India, Christopher J. Heaney
First Amendment Law Review
No abstract provided.
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendment, Nat Stern
Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendment, Nat Stern
First Amendment Law Review
No abstract provided.
Faith Healing Exception Versus Parens Patriae: Something's Gotta Give, Rebecca Williams
Faith Healing Exception Versus Parens Patriae: Something's Gotta Give, Rebecca Williams
First Amendment Law Review
No abstract provided.
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
William & Mary Bill of Rights Journal
No abstract provided.
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
William & Mary Bill of Rights Journal
No abstract provided.
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin
Pepperdine Law Review
No abstract provided.