You Better Smile When You Say "Cheese!": Whether The Photograph Requirement For Drivers' Licenses Violates The Free Exercise Clause Of The First Amendment,
2010
Mercer University School of Law
You Better Smile When You Say "Cheese!": Whether The Photograph Requirement For Drivers' Licenses Violates The Free Exercise Clause Of The First Amendment, Lauren N. Harris
Mercer Law Review
All fifty states require that a licensee's photograph be included on his or her driver's license. While many people willingly comply with the photograph requirement and say "Cheese!" without complaint, the photograph requirement presents an obstacle to others that may in fact prevent them from obtaining valid drivers' licenses even though they are otherwise qualified. The photograph requirement causes a problem when an applicant for a driver's license has religious beliefs that forbid the taking of his or her photograph. An applicant is faced with the dilemma of following his or her religious beliefs or obtaining a valid driver's license …
Passive Acknowledgement Or Active Promotion Of
Religion? Neutrality And The Ten Commandments In Green V. Haskell,
2010
Brigham Young University Law School
Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay
BYU Law Review
No abstract provided.
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye ,
2010
Brigham Young University Law School
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith
BYU Law Review
No abstract provided.
Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle,
2010
Brigham Young University Law School
Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett
BYU Law Review
No abstract provided.
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace,
2010
Astrachan Gunst & Thomas, P.C.
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton
All Faculty Scholarship
No abstract provided.
Brief Amici Curiae Of Christian Medical And Dental Associations, Beta Upsilon Chi, And Officers Of Various Christian Legal Society Student Chapters In Support Of Petitioner,
2010
Liberty Legal Institute
Brief Amici Curiae Of Christian Medical And Dental Associations, Beta Upsilon Chi, And Officers Of Various Christian Legal Society Student Chapters In Support Of Petitioner, Kelly J. Shackelford, Hiram S. Sasser Iii, Jeffrey C. Mateer, Roger L. Byron, Erin Leu, Thomas C. Berg, Richard W. Garnett
Court Briefs
No. 08-1371
Christian Legal Society Chapter of University of California, Hastings College of the Law v. Leo P. Martinez
On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit
From the Introduction and Summary of Argument
This case poses the question whether a student group organized around religious beliefs will be able to ensure these beliefs are shared by its leaders and voting members, and still be able to participate in a program at a public educational institution designed to encourage speech from a wide range of student groups.
The University of California-Hastings Law School …
The Need For A Negligence Standard Of Care For Credit Rating Agencies,
2010
William & Mary Law School
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
William & Mary Business Law Review
No abstract provided.
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Petitioners,
2010
Hunton & Williams LLP
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Petitioners, Ryan A. Shores, Richard W. Garnett
Court Briefs
No. 09-592
Eleanor McCullen v. Martha Coakley
On Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit
From the Summary of Argument
The Court should grant certiorari to reverse the First Circuit's decision upholding against First Amendment challenge a prohibition on public-forum speech that applies only at freestanding clinics where abortions are performed, exempts clinic agents and employees, and criminalizes peaceful, non-obstructive speech, including conversation with willing listeners, stationary handbilling, and speech from a conversational distance. By granting certiorari, the Court can begin to reconstruct a consensus on free speech principles that …
Reflections On Breach Of Confidence From The U.S. Experience,
2010
Washington and Lee University School of Law
Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison
Scholarly Articles
Not available.
First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate,
2010
Furman University
First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla
Scholarly Articles
Not available.
Communication Indecency: Why The Communications Decency Act, And The Judicial Interpretation Of It, Has Led To A Lawless Internet In The Area Of Defamation,
2010
Barry University School of Law
Communication Indecency: Why The Communications Decency Act, And The Judicial Interpretation Of It, Has Led To A Lawless Internet In The Area Of Defamation, Colby Ferris
Barry Law Review
First, this article explores how law of defamation has been applied in the brick and mortar world, and how those same principles were applied to the cyber world. Next it looks at Congress’s legislation of defamation law on the Internet, and how that legislation has been applied in court. Finally, it evaluates the changing attitude toward that legislation, and changes Congress should consider making.
Citizens Disunited,
2010
Wayne State University
Citizens Disunited, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger,
2010
University of Miami School of Law
Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin
Articles
No abstract provided.
Vehicle Leafleting: Suggestion For Municipalities Seeking To Defend Vehicular Leafleting Bans Against First Amendment Challenges,
2010
University of the Pacific, McGeorge School of Law
Vehicle Leafleting: Suggestion For Municipalities Seeking To Defend Vehicular Leafleting Bans Against First Amendment Challenges, Adam Klare Guernsey
McGeorge Law Review
No abstract provided.
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force,
2010
University of the Pacific McGeorge School of Law
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations,
2010
University of Michigan Law School
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham,
2010
Barry University
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli
Faculty Scholarship
In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010),
2010
UIC School of Law
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010),
2010
UIC School of Law
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal",
2010
University of Missouri School of Law
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman
Faculty Publications
In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.
