The First Amendment

Author: Daniel A. Farber
Publisher: Foundation Press
ISBN: 9781599417516
Size: 74.84 MB
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All of the major areas of this complex doctrine are reviewed, including religion clauses. The text also serves as an introduction to the major debates over controversial issues such as pornography and hate speech.

Roosevelt S Conflict Of Laws Concepts And Insights Series

Author: Kermit Roosevelt
Publisher: West Academic
ISBN: 1628102799
Size: 34.41 MB
Format: PDF, ePub
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1995) (criticizing Currie's domiciliary focus). 43. This would amount to an
endorsement of some form of mutuality in the Fourth Amendment context.
Supposing that the Fourth Amendment does grant aliens abroad some protection
, it might also make sense to look to foreign standards to determine what
searches are reasonable. 44. See generally Kermit Roosevelt III, The Costs of
Agencies: Waters v. Churchill and the First Amendment in the Administrative
State, 106 Yale L.J. 1233, ...

Rutherglen S Employment Discrimination Law 3d Concepts And Insights Series

Author: George Rutherglen
Publisher: West Academic
ISBN: 1628102802
Size: 65.85 MB
Format: PDF, ePub, Mobi
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Accommodation by employers might constitute discrimination on the basis of
religion, and if the accommodation were required by law, it might result in an
establishment of religion in violation of the First Amendment. As this last point
illustrates, constitutional law exercises a more direct influence over the definition
of religious discrimination than over discrimination on other grounds. Most of this
influence results from the dual nature of the protection of religion under the First
Amendment, ...

Legislation And Statutory Interpretation 2d Concepts And Insights Series

Author: William Eskridge Jr.
Publisher: West Academic
ISBN: 1628102543
Size: 60.22 MB
Format: PDF, Mobi
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The Court in Buckley rejected this egalitarian argument when it struck down
expenditure limits: “[T]he concept that government may restrict the speech of
some elements of our society in order to enhance the relative voice of others is
wholly foreign to the First Amendment, which was designed 'to secure “the widest
possible dissemination of information from diverse and antagonistic sources,' ”
and 'to assure unfettered interchange of ideas for the bringing about of political
and social ...

Ginsburg And Gorman S Copyright Law Concepts And Insights Series

Author: Jane Ginsburg
Publisher: West Academic
ISBN: 1628102586
Size: 40.66 MB
Format: PDF, Docs
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The first line of cases confronts two (or more) different creators: the author of the
copied work, and the author of the work that copies from it. The fair use doctrine
in appropriate circumstances frees second authors from the constraints of the first
authors' copyrights. In these instances, fair use advances First Amendment goals.
8 In the second line of cases, any First Amendment claims derive from the
public's interest in receiving “information,” rather than from a new creator's
interest in ...

Abraham S The Forms And Functions Of Tort Law 4th Concepts And Insights Series

Author: Kenneth Abraham
Publisher: West Academic
ISBN: 1628102411
Size: 79.10 MB
Format: PDF, Kindle
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Kenneth Abraham. defendant subjects the image to artistic or expressive “
transformation,” in which case the expression may have First Amendment
protection.9 It is worth noting, however, that since celebrities are the very people
whose names and likenesses will help to sell products, the damages they
recover when they are successful in an appropriation suit may be substantial.
310 ...

Employment Law Concepts And Insights Series

Author: Samuel Estreicher
Publisher: West Academic
ISBN: 1628102551
Size: 24.33 MB
Format: PDF, Docs
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... but also they can invoke constitutional restrictions on government. For
government employees, there are essentially two bases for privacy rights: (1)
claims of physical privacy protected by the Fourth Amendment's prohibition of
unreasonable search and seizure; and (2) claims of associational privacy
protected by the First Amendment's guarantee of freedom of association. 1.
Physical Privacy The Fourth Amendment to the U.S. Constitution prohibits
unreasonable search and seizure.

Bainbridge S Corporate Law 2d Concepts And Insights Series

Author: Stephen Bainbridge
Publisher: West Academic
ISBN: 1628102438
Size: 56.91 MB
Format: PDF, ePub, Mobi
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In particular, close corporations often unify ownership and control to one degree
or another and/or restrict transfer of ownership interests. 3. MBCA § 3.02. As a
legal person, a corporation has most of the constitutional rights possessed by
natural persons. See, e.g., First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765, 784
(1978) (corporation has First Amendment right of free speech); Hale v. Henkel,
201 U.S. 43 (1906) (corporation gets Fourth Amendment protection against
unreasonable ...

Serkin S The Law Of Property Concepts And Insights Series

Author: Christopher Serkin
Publisher: West Academic
ISBN: 1628102829
Size: 33.59 MB
Format: PDF, Mobi
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... nuisances or harmful activities. Property owners, then, can find their property
rights tempered by quite general community concerns and preferences. So long
as the community is sufficiently clear, its preferences can limit even aesthetic
choices owners make on their property. Freedom of Expression The First
Amendment is another constraint on land use regulations, especially when
governments attempt to regulate signs. This is not a trivial limitation, because
signs are particularly.

Federal Income Taxation 13th Concepts And Insights Series

Author: Marvin Chirelstein
Publisher: West Academic
ISBN: 1634594614
Size: 40.11 MB
Format: PDF, Docs
View: 4947
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Justice O'Connor argued that the First Amendment did not permit the IRS to apply
quid-pro-quo analysis to Scientologists, while not applying it to similarly-situated
adherents of other faiths. Four years later, as part of a comprehensive settlement
of the many then-pending disputes between the IRS and the Church of
Scientology, the IRS announced that it was abandoning the position it had
successfully asserted before the Supreme Court in 218 Hernandez.102 Like
Protestants paying ...