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Author: Kathleen M. Sullivan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 680
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Book Description
This law school casebook includes important recent developments in areas such as the regulation of sexually indecent speech on the Internet and other new communications media, the constitutional law of political money and campaign finance, the government's constitutional leeway to regulate liquor and tobacco advertising, the constitutionality of decency restriction on national arts grants, and the use of public funds to subsidize parochial school education.
Author: Kathleen M. Sullivan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 680
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Book Description
This law school casebook includes important recent developments in areas such as the regulation of sexually indecent speech on the Internet and other new communications media, the constitutional law of political money and campaign finance, the government's constitutional leeway to regulate liquor and tobacco advertising, the constitutionality of decency restriction on national arts grants, and the use of public funds to subsidize parochial school education.
Author: David L. Lange
Publisher: Stanford University Press
ISBN: 0804763275
Category : Law
Languages : en
Pages : 613
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Book Description
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.
Author: Arthur D. Hellman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1206
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Book Description
This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category : Law
Languages : en
Pages : 170
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Book Description
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Author: David L. Hudson
Publisher:
ISBN: 9780314606488
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
Author: David M. O'Brien
Publisher: Rowman & Littlefield Publishers
ISBN: 1442205121
Category : Political Science
Languages : en
Pages : 152
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Book Description
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Author: Richard W. Garnett
Publisher: Foundation Press
ISBN: 9781599417752
Category : Assembly, Right of
Languages : en
Pages : 0
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Book Description
Softbound - New, softbound print book.
Author: Paul Horwitz
Publisher: Harvard University Press
ISBN: 0674070925
Category : Law
Languages : en
Pages : 490
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Book Description
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
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Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Author: Laura E. Little
Publisher: Aspen Publishing
ISBN: 1543822290
Category : Law
Languages : en
Pages : 471
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Book Description
Award-winning teacher and respected author of several volumes, Professor Laura Little has written a new book on the First Amendment. Following the proven Examples and Explanations format, the book covers all of the amendment’s major topics – with emphasis on speech and religion. Professor Little presents hypothetical examples that range from simple and straightforward to complex and rich. As a result, students using the book can acquire both basic and advanced knowledge of First Amendment doctrine. Equally important, this approach allows students the opportunity to practice their skill of marshalling arguments on many sides of contested legal issues. With its short chapters, the book is an exceptionally useful complement to any of the available casebooks in the field. Highlights of this E&E study aid (first edition): Professor Little brings her characteristically clear writing style and constitutional law expertise to the subject. The book’s organization enables students to choose the particular topics they need to study and that match the coverage of their course. The topics covered include a comprehensive review of the most recent U.S. Supreme Court decisions on speech, association, and religion as well as cutting edge issues raised by current events, including the COVID-19 pandemic. The concise explication of legal doctrine (and its uncertainties) ensure a baseline of student understanding and maximizes accessibility to difficult, abstract concepts. The book’s balance between simple and complex hypotheticals serves an array of student needs. While providing deep coverage of abstract concepts, the book includes many practical introductions to law practice reality. Professor Little has not only established her reputation as a constitutional scholar, but also comes to the subject with experience as a practicing First Amendment lawyer for the media. Professors and students will benefit from: Adaptable organization allows the book to complement any casebook. Figures, examples, explanations, and varying difficulty in the presented material ensure that the book will serve the needs of a variety of users and will appeal to different learning styles. Balance between theoretical and practical materials enables broad understanding.
