Child Categories
First Amendment
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        Incompletely Theorized Agreements in Constitutional Law
 January 25, 2024 Cass R. Sunstein, Incompletely Theorized Agreements in Constitutional Law, 74 Soc. Res. 1 (2007). 
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        Pornography and the First Amendment
 January 25, 2024 Cass R. Sunstein, Pornography and the First Amendment, 1986 Duke L.J. 589. 
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        The Spirit of the Laws
 January 25, 2024 Cass R. Sunstein, The Spirit of the Laws, New Republic, Mar. 11, 1991, at 32 (reviewing Laurence H. Tribe & Michael C. Dorf, On Reading… 
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        Yochai Benkler, Property, Commons, and the First Amendment: Towards a Core Common Infrastructure (White Paper, First Amendment Program, Brennan Center for Justice at NYU School… 
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        Occupying the First Amendment
 January 25, 2024 Yochai Benkler & Bruce Ackerman, Occupying the First Amendment, Huffington Post: The Blog (Oct. 21, 2011, 8:51 AM). 
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        Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain
 January 25, 2024 Yochai Benkler, Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain, 74 N.Y.U. L. Rev. 354 (1999). 
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        Free Markets vs. Free Speech: A Resilient Red Lion and it Critics
 January 25, 2024 Yochai Benkler, Free Markets vs. Free Speech: A Resilient Red Lion and it Critics, 11 Eur. J. Int’l L. 171 (2000) (reviewing Robert Corn-Revere, ed.,… 
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        Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information
 January 25, 2024 Yochai Benkler, Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information, 15 Berkeley Tech. 
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        The Love That Dare Not Speak: Censoring Gay Expression
 January 25, 2024 Gara LaMarche & William B. Rubenstein, The Love That Dare Not Speak: Censoring Gay Expression, The Nation, Nov. 5, 1990, at 524. 
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        William B. Rubenstein, Since When is the Fourteenth Amendment Our Route to Equality: Some Reflections on the Construction of the Hate Speech Debate from a… 
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        William B. Rubenstein, Since When Is The Fourteenth Amendment Our Route to Equality?: Some Reflections on the Construction of the “Hate Speech” Debate From a… 
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        Constitutionalism Across Borders in the Struggle Against Terrorism
 January 25, 2024 Constitutionalism Across Borders in the Struggle Against Terrorism (Federico Fabbrini & Vicki C. Jackson eds., Edward Elgar Publ’g 2016). 
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        Constitutional Law in an Age of Proportionality
 January 25, 2024 Vicki C. Jackson, Constitutional Law in an Age of Proportionality, 124 Yale L.J. 8 (2015). 
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        Forgotten Insurrection Clause of 14th Amendment Used to Force GOP Members of Congress to Defend Actions on Jan. 6
 January 25, 2024 Ronald Sullivan, Forgotten Insurrection Clause of 14th Amendment Used to Force GOP Members of Congress to Defend Actions on Jan. 6, Law.com (May 11, 2022). 
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        Free Speech Revolution
 January 25, 2024 Randall L. Kennedy, Foreword, in How Free Speech Saved Democracy: The Untold History of How the First Amendment Became an Essential Tool for Securing Liberty… 
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        The Case for Quoting the N-word in University Classrooms
 January 25, 2024 Randall L. Kennedy, The Case for Quoting the N-word in University Classrooms, Wash. Post, May 13, 2021. 
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        Is It Ever OK to Enunciate a Slur in the Classroom?
 January 25, 2024 Randall L. Kennedy, Is It Ever OK to Enunciate a Slur in the Classroom?, Chron. Higher Educ. Oct. 1, 2021. 
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        The Forgotten Origins of the Constitution on Campus
 January 25, 2024 Randall Kennedy, The Forgotten Origins of the Constitution on Campus, Am. Prospect, Dec. 28, 2017, at 1. 
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        A Comment on “Gibson v. Florida Legislative Committee”
 January 25, 2024 Randall L. Kennedy, A Comment on Gibson v. Florida Legislative Committee, in Secret Agents: The Rosenberg Case, McCarthyism and Fifties America (Marjorie Garber & Rebecca… 
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        Comment and Discussion on Hate Crimes/Hate Speech
 January 25, 2024 Randall L. Kennedy, Comment and Discussion on Hate Crimes/Hate Speech, in Speech and Equality: Do We Really Have to Choose? (Gara LaMarche ed., 1996). 
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        Ginsburg v. New York
 January 25, 2024 Robert H. Mnookin, Ginsburg v. New York, in Encyclopedia of the American Constitution 1194 (Leonard W. Levy & Kenneth L. Karst eds., 2d ed. 2000).