Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation,
2010
California Western School of Law
Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation, Joanna K. Sax
Faculty Scholarship
The goals of this Article are two-fold: (1) to explain that pharmacist conscience clause legislation may be expanded to areas concerning controversial biomedical research; and (2) to demonstrate that welfare economics can be applied to analyze pharmacist conscience clause legislation. Regarding the first goal, the broad language of existing and proposed conscience clause legislation creates an umbrella that allows a pharmacist to escape liability for refusing to fill a prescription for almost any type of medication. With respect to the second goal, this Article applies welfare economics to demonstrate that pharmacist conscience clauses are a part of tort law and …
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection,
2010
Yale Law School
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …
The History And Constitutionality Of Maryland’S Pregnancy Speech Regulations,
2010
The Catholic University of America, Columbus School of Law
The History And Constitutionality Of Maryland’S Pregnancy Speech Regulations, Mark L. Rienzi
Scholarly Articles
On December 4, 2009, Baltimore, Maryland enacted the nation's first law regulating the speech of individuals and groups who want to talk to pregnant women about whether to have an abortion. Less than two months later, nearby Montgomery County, Maryland enacted the second. These regulations only apply to speakers who want to talk about one particular subject: pregnancy. As a practical matter, the regulations only apply to speakers who oppose abortion. Counselors who work for organizations willing to provide abortions are entirely exempt. Immediately after these laws passed, abortion providers and their allies across the country began plans to pursue …
Comments: Keep It Clean: How Public Universities May Constitutionally Enforce Policies Limiting Student Speech At College Basketball Games,
2010
University of Baltimore School of Law
Comments: Keep It Clean: How Public Universities May Constitutionally Enforce Policies Limiting Student Speech At College Basketball Games, Jonathan Singer
University of Baltimore Law Review
No abstract provided.
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010),
2010
UIC School of Law
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010),
2010
UIC School of Law
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones
UIC Law Review
No abstract provided.
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010),
2010
UIC School of Law
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
UIC Law Review
No abstract provided.
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases,
2010
Georgetown University Law Center
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Snyder V. Phelps: Searching For A Legal Standard,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin
Scholarly Works
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.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010),
2010
UIC School of Law
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010),
2010
John Marshall Law School
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Alchemy Of Dissent,
2010
Columbia Law School
The Alchemy Of Dissent, Jamal Greene
Faculty Scholarship
On July 10, 2010, the Orange/Sullivan County NY 912 Tea Party organized a "Freedom from Tyranny" rally in the sleepy exurb of Middletown, New York. Via the group's online Meetup page, anyone who was "sick of the madness in Washington" and prepared to "[d]efend our freedom from Tyranny" was asked to gather on the grass next to the local Perkins restaurant and Super 8 motel for the afternoon rally. Protesters were encouraged to bring their lawn chairs for the picnic and fireworks to follow.
There was a time when I would have found an afternoon picnic a surprising response to …
Corporate Political Speech: Who Decides,
2010
Columbia Law School
Corporate Political Speech: Who Decides, Lucian A. Bebchuk, Robert J. Jackson Jr.
Faculty Scholarship
The Supreme Court spoke clearly this Term on the issue of corporate political speech, concluding in Citizens United v. FEC' that the First Amendment protects corporations' freedom to spend corporate funds on indirect support of political candidates. 2 Constitutional law scholars will long debate the wisdom of that holding, as do the authors of the two other Comments in this issue.3 In contrast, this Comment accepts as given that corporations may not be limited from spending money on politics should they decide to speak. We focus instead on an important question left unanswered by Citizens United: who should have the …
In Celebration Of Steven Shiffrin's The Religious Left And Church-State Relations,
2010
Columbia Law School
In Celebration Of Steven Shiffrin's The Religious Left And Church-State Relations, Kent Greenawalt
Faculty Scholarship
Steven Shiffrin's The Religious Left and Church-State Relations is a truly remarkable book in many respects. I shall briefly note a few of its striking features, including some illustrative passages, and outline a number of its central themes, before tackling what for me is its most challenging and perplexing set of theses – the relations between constitutional and political discourse, and between religious liberals, on the one hand, and religious conservatives and secular liberals on the other.
We might well think of this as two books in one: a book about the constitutional law of free exercise and non-establishment, and …
A Popular Approach To Popular Constitutionalism: The First Amendment, Civic Education, And Constitutional Change,
2010
University of Richmond School of Law
A Popular Approach To Popular Constitutionalism: The First Amendment, Civic Education, And Constitutional Change, Thomas G. Donnelly
Law Faculty Publications
Popular constitutionalists fear that our constitutional culture is becoming less popular. At the same time, these scholars often ignore key popular sources of constitutional meaning. Their accounts focus, instead, on the elite conflicts that give rise to constitutional change, particularly the ongoing debates between elected officials, movement leaders, and the Supreme Court. Although these studies are essential to understanding the pathways for promoting non-Article V constitutional change, they are "popular" only in the sense that they focus on non-judicial actors and politically salient controversies. The constitutional life of the average citizen is generally ignored. If legal scholars are serious about …
Essay: Curing A Monumental Error: The Presumptive Unconstitutionality Of Ten Commandment Displays,
2010
University of Oklahoma College of Law
Essay: Curing A Monumental Error: The Presumptive Unconstitutionality Of Ten Commandment Displays, Peter Irons
Oklahoma Law Review
No abstract provided.
Essay: Religious Displays And The Voluntary Approach To Church And State,
2010
University of St. Thomas School of Law
Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg
Oklahoma Law Review
No abstract provided.
Panel Discussion,
2010
University of Oklahoma College of Law
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment,
2010
University of Missouri School of Law
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Faculty Publications
In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …
