Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court,
2020
West Virginia University College of Law
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020,
2020
Rhode Island Lawyers Weekly
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
The Regulation Of Commercial Speech: Can Alternative Meat Companies Have Their Beef And Speak It Too?,
2020
Vanderbilt University Law School
The Regulation Of Commercial Speech: Can Alternative Meat Companies Have Their Beef And Speak It Too?, Eryn Terry
Vanderbilt Journal of Entertainment & Technology Law
Would you eat a hamburger that was made in a petri dish? Consumers may have this option soon as laboratory-grown meat begins to hit supermarket shelves. Laboratory-grown meat is made from animal stem cells that eventually transform into primitive fibers and tissue within the confines of a petri dish. Although a lot remains unknown about laboratory-grown meat, consumers can think of it as meat production without the farm. How might consumers react to meat labels indicating that their products were made in a petri dish? Laboratory-grown meat companies have yet to find out, as some states have passed laws that …
Buckeyes Against The Boycott: Why Ohio's Law Opposing Bds Is Protected Under The First Amendment,
2020
Cleveland-Marshall College of Law
Buckeyes Against The Boycott: Why Ohio's Law Opposing Bds Is Protected Under The First Amendment, Hannah Kraus
Cleveland State Law Review
In 2016, Ohio became the fourteenth state to enact legislation denouncing the Boycott, Divestment, and Sanctions movement against Israel. Codified as § 9.76 of the Ohio Revised Code, this legislation prohibits any state agency from contracting with a company that boycotts Israel during the contractual period. While the constitutionality of § 9.76 has not been challenged, anti-BDS statutes passed by other state legislatures have faced First Amendment challenges. This Note argues that § 9.76 of the Ohio Revised Code complies with the First Amendment under the government speech doctrine. In 1991, the Supreme Court applied the government speech doctrine in …
A History Of United States Cannabis Law,
2020
Cleveland State University
A History Of United States Cannabis Law, David V. Patton
Journal of Law and Health
Perhaps the best way to understand early-Twenty-First Century state and federal cannabis law in the United States is to examine the relevant history. Justice Oliver Wendell Holmes, Jr.’s statement is apropos: "[A] page of history is worth a volume of logic." This article begins by discussing the early history of cannabis and its uses. Next, the article examines the first state and federal marijuana laws. After a brief comparison of alcohol prohibition to cannabis prohibition, this article addresses cannabis laws from the 1920s to the early 1950s. Then, the article takes up the reorganization of the federal drug regulatory bureaucracy …
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020,
2020
Roger Williams University School of Law
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Historical Origins Of Judicial Religious Exemptions,
2020
Associate Professor of Law and Religious Liberty Initiative Scholar at Notre Dame Law School
The Historical Origins Of Judicial Religious Exemptions, Stephanie H. Barclay
Notre Dame Law Review
The Supreme Court has recently expressed a renewed interest in the question of when the Free Exercise Clause requires exemptions from generally applicable laws. While scholars have vigorously debated what the historical evidence has to say about this question, the conventional wisdom holds that judicially created exemptions would have been a new or extraordinary means of protecting religious exercise—a sea change in the American approach to judicial review when compared to the English common law.
This Article, however, questions that assumption and looks at this question from a broader perspective. When one views judicial decisions through the lens of equitable …
Reflections On The Church/State Puzzle,
2020
University of Maine School of Law
Reflections On The Church/State Puzzle, Kermit V. Lipez
Maine Law Review
No abstract provided.
FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough,
2020
Saint Louis University School of Law
FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough, Ana Santos Rutschman
All Faculty Scholarship
On October 13, 2020 Facebook announced the adoption of a series of measures to promote vaccine trust “while prohibiting ads with misinformation that could harm public health efforts.” In the post written by Kang-Xing Jin (head of health) and Rob Leathern (director of product management), the company explained that the new measures were designed with an emphasis on encouraging widespread use of this yearʼs flu vaccine, as well as in anticipation of potential COVID-19 vaccines becoming available in the near future.
The changes focus mainly on the establishment of a multiprong informational campaign about the seasonal flu vaccine, which includes …
Accommodating Legal Ignorance,
2020
Benjamin N. Cardozo School of Law
Accommodating Legal Ignorance, Stewart E. Sterk
Cardozo Law Review
No abstract provided.
Free Speech, Rational Deliberation, And Some Truths About Lies,
2020
William & Mary Law School
Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen
William & Mary Law Review
Could “fake news” have First Amendment value? This claim would seem to be almost frivolous given the potential for fake news to undermine two core functions of the freedom of speech—promoting democracy and facilitating the search for “truth,” as well as the corollary that to be valuable, speech must promote rational deliberation. Some would therefore claim that fake news should be classified as “no value” speech falling outside of the First Amendment’s reach. This Article argues somewhat counterintuitively that fake news has value because speech doctrine should not be focused exclusively on the promotion of rational deliberation, but should also …
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts,
2020
Belmont University College of Law
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Law Faculty Scholarship
The fighting words doctrine is alive and well in the lower courts. The first part of this article briefly explains how the fighting words doctrine has fared in the U.S. Supreme Court. These results would seem to indicate that it would be rare indeed for a defendant’s words to fall under the fighting words exception. That is not always the case. The next part of this article provides a sampling of decisions in which lower courts have rejected First Amendment-based defenses to disorderly conduct, breach of the peace, or similar charges based on the fighting words doctrine. The final part …
Brief Amicus Curiae Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin In Support Of Plaintiffs-Appellants And Reversal,
2020
Notre Dame Law School
Brief Amicus Curiae Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin In Support Of Plaintiffs-Appellants And Reversal, Stephanie Barclay
Court Briefs
No. 20-3572-CV
Agudath Israel of America v. Andrew M. Cuomo
On appeal from the United States District Court for the Eastern District of New York, No. 1:20-cv-04834-KAM
From the Argument:
Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear—from Jews during the Black Death, to Jehovah’s Witnesses During WWII, to Muslims after 9/11. Latest in a long and …
The Functional Approach To The Ministerial Exception: Applying The Exception To Employees Who Minister,
2020
University of Cincinnati College of Law
The Functional Approach To The Ministerial Exception: Applying The Exception To Employees Who Minister, Maria Ruwe
University of Cincinnati Law Review
No abstract provided.
Speaking Of Direct Democracy, Judicial Review Of State Ballot Initiative Laws Under The First Amendment,
2020
University of Cincinnati College of Law
Speaking Of Direct Democracy, Judicial Review Of State Ballot Initiative Laws Under The First Amendment, Trane J. Robinson
University of Cincinnati Law Review
No abstract provided.
Freedom Of Speech As A Right To Know,
2020
University of Cincinnati College of Law
Freedom Of Speech As A Right To Know, Tao Huang
University of Cincinnati Law Review
No abstract provided.
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling,
2020
Seattle University School of Law
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Seattle University Law Review
President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Preservation Requests And The Fourth Amendment,
2020
Seattle University School of Law
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin As Amicus Curiae In Support Of Plaintiffs,
2020
Religious Liberty Initiative, Notre Dame Law School
Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin As Amicus Curiae In Support Of Plaintiffs, Stephanie H. Barclay
Court Briefs
No. 1:20-cv-01284-GLS-DJS, Hon. Gary L. Sharpe
Yitzchok Lebovits v. Andrew M. Cuomo
From the Summary of Argument
Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear— from Jews during the Black Death, to Jehovah’s Witnesses During WWII, to Muslims after 9/11. Latest in a long and troubling line of such incidents are the statements and policies of Governor …
