Constitutional Law Commons^™

June 3, 2010: American Religious Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “American Religious Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson

Agribusiness

This study was conducted to determine if reductions in water deliveries to farmers in the San Joaquin Valley due to enforcement of the Endangered Species Act has resulted in a compensable Fifth Amendment taking of property. A case study of the California Water Crisis is examined. The subject of this case study is the Westlands Water District.

The details of the California Water Crisis were outlined. The necessary elements of a takings investigation were identified for the case study. These elements were applied to takings criteria that has been established by the courts. Using prior court rulings as a guide …

Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron

Federal Communications Law Journal

This Article focuses on the Supreme Court's decision in FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009). In that case, the Supreme Court upheld an important change in the FCC indecency regulation. In the past, the FCC's policy had been that the broadcast of a single expletive did not violate FCC indecency policy. In order for such fleeting expletives to be actionable, the FCC required that they had to be repetitive and gratuitous. But in 2004, in response to the use of some expletives by entertainers during the Golden Globe Awards, the FCC changed its policy and …

Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo

Federal Communications Law Journal

Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted.

While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have …

Music As Speech: A First Amendment Category Unto Itself, David Munkittrick

Federal Communications Law Journal

Perhaps the most ubiquitous of art forms, music accompanies daily activities from shopping to jogging. Music permeates modem society, and there is little question it constitutes an integral mode of expression. Despite recognition of music's worth, however, there is little explanation of music in First Amendment jurisprudence. A rationale for First Amendment protection begins with analysis of the particular medium of speech. Through a foray in musical aesthetics and the history of musical censorship, this Note discusses the role of music in political, societal, and individual experience. Music has had an important role in political events, from the fall of …

The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian

Federal Communications Law Journal

Academics and popular critics alike want to distill, reform, or altogether destroy U.S. copyright law as we know it. Much of this stems from animosity toward the old-guard record industry's alleged practices of overcharging consumers, underpaying royalties to artists, and suing teenagers and grandmas. But what those calling for reform all seem to neglect is a tiny but inevitable fact: for the first time in history, composers and recording artists can keep their copyrights.

Tangible media sales are being replaced by P2P file sharing, retail downloads, and streaming Webcasts. Digital technologies and wireless networks have opened prime channels for music …

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.

Desegregating Legal Education, Peggy Cooper Davis

Georgia State University Law Review

This is a transcription of the 44th Henry J. Miller Distinguished Lecture given by Professor Peggy Cooper Davis of New York University School of Law.

Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer

Washington and Lee Law Review

The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright Laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no Law... abridging the freedom of speech or of the press, " thus at least nominally indicating that limitations on …

Protecting Blogging: The Need For An Actual Disruption Standard In Pickering, Lindsay A. Hitz

Washington and Lee Law Review

No abstract provided.

State Constitutionalism And The Right To Health Care, Elizabeth Weeks Leonard

Scholarly Works

This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …

Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam

Cardozo Law Review

No abstract provided.

May 30, 2010: The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 27, 2010: The Tenability Of The “Intermediate Position”, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Tenability of the “Intermediate Position”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Constitutions in Westminster-style legal systems in Asia such as India, Malaysia and Singapore feature bills of rights with provisions phrased at a high level of abstraction. As a consequence, at some stage a particular constitutional text ‘runs out’ and ceases to provide a court with substantive guidance as to how fundamental liberties should be applied to specific factual scenarios. Nonetheless, as it remains the court’s duty to understand the implications of the constitutional text in order to determine the dispute before it, the judge must necessarily engage in constitutional construction. This may be described as the process of articulating rules …

May 23, 2010: What About Israel?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What About Israel?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 19, 2010: Steve Martin Sings The Blues, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steve Martin Sings the Blues“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 14, 2010: Why Am I Being Told That Elena Kagan’S Sexual Orientation Is Irrelevant?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Am I Being Told That Elena Kagan’s Sexual Orientation is Irrelevant?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 7, 2010: Is Hallowed Secularism Magic Realism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Hallowed Secularism Magic Realism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 4, 2010: A Cross Is More Than A Cross, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Cross is More than a Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.