Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee,
2016
University of Miami Law School
Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski
University of Miami Law Review
Current Free Speech doctrine does not sufficiently protect government employees’ First Amendment rights. There are two major flaws in the test implemented by the Supreme Court in order to find whether the First Amendment protects an employee. First, the Garcetti test, where a government employee loses First Amendment protection if her speech is pursuant to her official duty, is inadequate, overbroad, and should be done away with completely – or at the least interpreted more narrowly. Secondly, the Pickering balancing test is less of a balancing and more of a prioritization of the government’s interests and should be interpreted to …
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public,
2016
University of Georgia School of Law
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?,
2016
University of Georgia School of Law
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Journal of Intellectual Property Law
No abstract provided.
Eldred V. Reno: An Example Of The Law Of Unintended Consequences,
2016
University of Georgia School of Law
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?,
2016
University of Georgia School of Law
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values,
2016
Florida State University College of Law
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Java: An Innovation In Software Development And A Dilemma In Copyright Law,
2016
University of Georgia School of Law
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Journal of Intellectual Property Law
No abstract provided.
Words Of Wisdom From The Founding Fathers: Why
The Internal Revenue Service Should Let Churches Be,
2016
Pepperdine University
Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation …
Will The Real Candidate Please Stand Up?: Political Parody On The Internet,
2016
Stanford University
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle,
2016
Pepperdine University
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Religious Disestablishment And The Fourteenth Amendment,
2016
St. John's University School of Law
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
The Catholic Lawyer
No abstract provided.
Dialogue On State Action,
2016
Touro Law School
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Touro Law Review
No abstract provided.
A Response To Mr. Y'Barbo's Reply,
2016
University of Georgia School of Law
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch,
2016
Fulbright & Jaworski L.L.P., Houston, Texas
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
Journal of Intellectual Property Law
No abstract provided.
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno,
2016
University of Georgia School of Law
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee
Journal of Intellectual Property Law
No abstract provided.
Of Reasonable Readers And Unreasonable Speakers: Libel Law In A Networked World,
2016
University of Missouri School of Law
Of Reasonable Readers And Unreasonable Speakers: Libel Law In A Networked World, Lyrissa Lidsky, Ronnell Anderson Jones
Faculty Publications
Social-media libel cases require courts to map existing defamation doctrines onto social-media fact patterns in ways that create adequate breathing space for expression without lincensing character assassination. This Article explores these challenges by investigating developments involving two important constitutional doctrines - the so-called opinion privlege, which protects statements that are unverifiable or cannot be regarded as stating actual facts about a person, and the actual malice rule, which requires defamation plaintiff's who are public officials or public figures to prove that the defendant made a defamatory statement with knowledge of or reckless disregard for, its falsity. Given the critical role …
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness,
2016
St. Thomas University School of Law
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang
West Virginia Law Review
No abstract provided.
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?,
2016
University of Arkansas Little Rock
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey
University of Arkansas at Little Rock Law Review
No abstract provided.
Silencing Grand Jury Witnesses,
2016
Boston College Law School
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?,
2016
University of Georgia School of Law
To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora
Washington and Lee Law Review
When should we accommodate religious practices? When should we demand that religious groups instead conform to social or legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.
Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, courts, scholars, ethicists, and medical practitioners have not offered a consistent way to analyze such cases, so the law is inconsistent. This Article suggests, first, that the lack of consistency is a …
