Search results for: “Pervasive Image Capture and the First Amendment”
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Clarifying Judicial Aggrandizement
Scholars argue that the Roberts Court has been engaged in a judicial “power grab.” Some scholars describe the Court as… Continue reading →
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Wholly Native to the First Amendment: The Positive Liberty of Self‐Government
The Supreme Court has unequivocally and repeatedly rejected as “wholly foreign to the First Amendment” any suggestion that legislatures can… Continue reading →
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Fourth Amendment Moralism
The Fourth Amendment is generally seen as a procedural provision blind to a defendant’s conduct in a given case, distinguished… Continue reading →
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Custom, Codification, and the Verdict of History
In a terrific new article, Professor Timothy Meyer challenges this exalted view of codification, which numerous scholars since Oppenheim have… Continue reading →
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Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →
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Algorithms and Speech
One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that… Continue reading →
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The Future of Government-Mandated Health Warnings After R.J. Reynolds and American Meat Institute
Government‐mandated disclosures and warnings aimed at promoting public health are ubiquitous. Alcoholic beverage labels bear government warnings against alcohol consumption… Continue reading →
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Trans Sex Equality Rights After Dobbs
On July 8, 2023, in L.W. v. Skrmetti, the U.S. Court of Appeals for the Sixth Circuit provisionally gave Tennessee… Continue reading →
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Image Is Everything: Corporate Branding and Religious Accommodation in the Workplace
There is growing tension in the law between an employee’s right to religious expression in the workplace and an employer’s… Continue reading →