Commentary: Campaign Finance In The Wake Of Citizens United, 44 J. Marshall L. Rev. 583 (2011),
2011
UIC School of Law
Commentary: Campaign Finance In The Wake Of Citizens United, 44 J. Marshall L. Rev. 583 (2011), Thomas E. Mann
UIC Law Review
No abstract provided.
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011),
2011
UIC School of Law
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011), Monica Youn
UIC Law Review
No abstract provided.
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011),
2011
UIC School of Law
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall
UIC Law Review
No abstract provided.
So What If Corporations Aren't People?, 44 J. Marshall L. Rev. 701 (2011),
2011
UIC School of Law
So What If Corporations Aren't People?, 44 J. Marshall L. Rev. 701 (2011), Ilya Shapiro, Caitlyn W. Mccarthy
UIC Law Review
No abstract provided.
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011),
2011
UIC School of Law
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis
UIC Law Review
No abstract provided.
Ending A Peculiar Evil: The Constitution, Campaign Finance Reform, And The Need For Change In Focus After Citizens United V. Fec, 44 J. Marshall L. Rev. 773 (2011),
2011
UIC School of Law
Ending A Peculiar Evil: The Constitution, Campaign Finance Reform, And The Need For Change In Focus After Citizens United V. Fec, 44 J. Marshall L. Rev. 773 (2011), Carson Griffis
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011),
2011
UIC School of Law
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Religious Freedom, Church-State Separation, & The Ministerial Exception,
2011
University of Missouri School of Law
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Faculty Publications
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …
Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates,
2011
University of Missouri School of Law
Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams
Faculty Publications
The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference with school …
Protecting Scientific Integrity: The Commercial Speech Doctrine Applied To Industry Publications,
2011
California Western School of Law
Protecting Scientific Integrity: The Commercial Speech Doctrine Applied To Industry Publications, Joanna K. Sax
Faculty Scholarship
Pharmaceutical companies face increasing pressure to bring new treatments to market in order to survive. The economic reality of survival and profits may distort a company’s decision-making process regarding full disclosure on a particular new drug.
Part II of this article analyzes the publication tactics employed by some members of the pharmaceutical industry (hereinafter “industry”) and explains how some of the publications promote misleading information. Part III proposes policy recommendations to require accurate dissemination of the results of clinical trials in order to protect scientific integrity and the public welfare. Part IV of this article addresses whether industry publications are …
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis,
2011
University of Baltimore School of Law
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis, Eric Easton
All Faculty Scholarship
How many ways can one approach a First Amendment analysis? What influences a lawyer or a judge to select one analytical approach over another? And what is the long-term effect of a court's choice of one over another? In Bartnicki v. Vopper, a 2001 case in which the U.S. Supreme Court considered federal and state statutes prohibiting the disclosure of illegally intercepted telephone conversations, we are privileged to have a small laboratory through which to study the first two questions. And, from the vantage point of ten years, we ought to be able to make some informed predictions as to …
In An Academic Voice: Antisemitism And Academy Bias,
2011
University of Baltimore School of Law
In An Academic Voice: Antisemitism And Academy Bias, Kenneth Lasson
All Faculty Scholarship
Current events and the recent literature strongly suggest that antisemitism and anti-Zionism are often conflated and can no longer be viewed as distinct phenomena. The following paper provides an overview of contemporary media and scholarship concerning antisemitic/anti-Zionist events and rhetoric on college campuses. This analysis leads to the conclusion that those who are naive about campus antisemitism should exercise greater vigilance and be more aggressive in confronting the problem.
Between Liberalism And Theocracy,
2011
Campbell University School of Law
Between Liberalism And Theocracy, John D. Inazu
Campbell Law Review
Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media,
2011
Levine Sullivan Koch & Schulz, L.L.P
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
NYLS Law Review
No abstract provided.
Back To The Future? The Effects Of Citizens United V. Fec In The 2010 Election, 44 J. Marshall L. Rev. 595 (2011),
2011
UIC School of Law
Back To The Future? The Effects Of Citizens United V. Fec In The 2010 Election, 44 J. Marshall L. Rev. 595 (2011), Peter L. Francia
UIC Law Review
No abstract provided.
Incendiary Speech And Social Media,
2011
University of Missouri School of Law
Incendiary Speech And Social Media, Lyrissa Lidsky
Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Smith And Women's Equality,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution,
2011
University of Colorado Law School
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution, Eric Robertson
University of Colorado Law Review
Bookstore customers and library patrons typically expect their book purchases and book-borrowing habits to remain private, but what is the legal basis for this expectation and is it justified? This Comment examines court decisions, readers' privacy scholarship, and First Amendment jurisprudence in search of a consistent answer. Although courts and scholars have taken different approaches in identifying a right to readers' privacy and what activity it encompasses, this Comment concludes that a right to reader privacy is fundamental under the First Amendment. In the end, this Comment seeks to provide a simplified solution to the complex constitutional issues that can …
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011),
2011
UIC School of Law
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
A New Approach To Nineteenth-Century Religious Exemption Cases,
2011
University of Richmond
A New Approach To Nineteenth-Century Religious Exemption Cases, Jud Campbell
Law Faculty Publications
Scholars frequently cite early nineteenth-century cases to ascertain the original meaning of the Free Exercise Clause. Previous studies, however, have ignored crucial trends in those decisions, thus leading to mistaken emphasis on the denial of religious accommodation claims. This Note argues that prevailing theological views, skepticism of courtroom declarations of religious belief, and contemporary notions of judicial deference better explain nineteenth-century cases than does a wholesale rejection of judicially enforceable religious exemptions. This novel approach clarifies previously unexplained tensions in early free exercise opinions. It also suggests that the Supreme Court’s holding in Employment Division v. Smith is inconsistent with …
