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).