Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations,
2020
University of Arkansas Little Rock
Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden
University of Arkansas at Little Rock Law Review
No abstract provided.
Speech Inequality After Janus V. Afscme,
2020
Seattle University
Speech Inequality After Janus V. Afscme, Charlotte Garden
Indiana Law Journal
This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.
The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the …
Why A Data Disclosure Law Is (Likely) Unconstitutional,
2020
Columbia Law School
Why A Data Disclosure Law Is (Likely) Unconstitutional, Max I. Fiest
Kernochan Center for Law, Media, and the Arts
Social media platforms have changed the very structure of communication. These platforms exert significant influence over how we get our news, how we form and join political movements, and how we connect with friends and family. But social media platforms are black boxes. Moderation algorithms are opaque--even to the platforms themselves — and attempts by third parties to research these algorithms are often frustrated. Because platforms withhold data necessary for public interest research, Congress might step in and mandate data access for certain researchers and journalists. I conclude that any such effort would (likely) be unconstitutional under the First Amendment. …
Religious Accommodation, The Establishment Clause, And Third-Party Harm,
2020
Penn State Law
Religious Accommodation, The Establishment Clause, And Third-Party Harm, Mark Storslee
Faculty Scholarship
In the wake of Burwell v. Hobby Lobby, religious accommodation has become increasingly controversial. That controversy has given rise to a new legal theory gaining popularity among academics and possibly a few Supreme Court justices: the idea that the First Amendment's Establishment Clause condemns accommodations whenever they generate anything beyond a minimal cost for third parties.
The third-party thesis is appealing. But this Article argues that there are good reasons to believe it falls short as an interpretation of the Establishment Clause. In its place, the Article offers a new theory for understanding the relationship between costly accommodations and the …
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle,
2020
University of Georgia School of Law
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Scholarly Works
Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …
Incitement In An Era Of Populism: Updating Brandenburg After Charlottesville,
2020
University of Connecticut Human Rights Institute
Incitement In An Era Of Populism: Updating Brandenburg After Charlottesville, Richard A. Wilson, Jordan Kiper
Faculty Articles and Papers
We live in an era of populism, characterized by political polarization, inciting speech on social media, and an escalation in hate crimes. The regulatory framework for direct incitement to imminent lawless action established fifty years ago in Brandenburg is showing signs of severe strain. One of the central frailties of Brandenburg’s three-part test is the lack of guidance on how courts should evaluate the probability that an inciting speech act will cause an imminent offense. In the absence of clear direction on analyzing risk, judges often rely on outdated heuristics and misleading metaphors. This article is the first to draw …
Legal Interpretation,
2020
University of Montana
Legal Interpretation, Mykaila Ashlynn Berry
Undergraduate Theses, Professional Papers, and Capstone Artifacts
The purpose of this project is to provide a fresh and in-depth analysis of legal jurisprudence through the use of two of the most important legal theorists of our time, H. L. A. Hart and Ronald Dworkin. This project focuses on how Dworkin’s position in his famous paper “Hard Cases”, helps us understand an important Supreme Court case, Cohen v. California. Cohen will be the main focus of my project. The project will discuss the case and the possible ways of deciding the case. Then the project explains both Dworkin’s and Hart’s positions. Finally, the project will analyze how Dworkin’s …
Merging The Social And The Public: How Social Media Platforms Could Be A New Public Forum,
2020
Mitchell Hamline School of Law
Merging The Social And The Public: How Social Media Platforms Could Be A New Public Forum, Amélie P. Heldt
Mitchell Hamline Law Review
No abstract provided.
The Chilling Effect Claims In ‘Zeran V. Aol’,
2020
Osgoode Hall Law School of York University
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
Articles & Book Chapters
No abstract provided.
Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia,
2020
American University Washington College of Law
Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia, Margaret Smiley Chavez
American University Law Review
In the interest of the children in the Philadelphia foster care system, the City of Philadelphia prohibits its contracting foster care agencies from discriminating against prospective foster care parents on account of race, religion, and sexual orientation, among other things. Despite this requirement, in 2018, two foster care agencies—Catholic Social Services (CSS) and Bethany Christian Services— that have annual contracts with Philadelphia refused to certify same-sex couples as foster parents for religious reasons. While Bethany Christian Services reached an agreement with the city, CSS did not. As a result, the city froze foster care placement referrals to CSS and did …
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?,
2020
California State University - Northridge
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
Catholic University Journal of Law and Technology
In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?,
2020
Catholic University of America (Student)
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
Catholic University Journal of Law and Technology
Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values,
2020
J.D. Candidate, 2020, Roger Williams University School of Law
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values, Troy Lange
Roger Williams University Law Review
No abstract provided.
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court,
2020
Professor of Law, Roger Williams University School of Law
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Roger Williams University Law Review
No abstract provided.
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court,
2020
Roger Williams University
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan,
2020
Roger Williams University School of Law
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Law Faculty Scholarship
No abstract provided.
Fixing America's Founding,
2020
Columbia Law School
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
Schrodinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations,
2020
California Western School of Law
Schrodinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations, Catherine A. Hardee
Faculty Scholarship
Consider a corporation where one group of shareholders holds sincere religious beliefs and another group of shareholders does not share those beliefs but, for a price, will allow the religious shareholders to request a religious exemption to a neutrally applicable law on behalf of the corporation. The corporation is potentially both religiously sincere and insincere at the same time. A claim by the corporation for a religious accommodation requires the court to solve the paradox created by this duality and to declare the corporation, as a whole, either sincere or insincere in its beliefs. Although the Supreme Court and scholars …
Gillis V. Miller,
2020
New York Law School
Hargis V. Bevin,
2020
New York Law School
