Child Categories
First Amendment
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The Constitutional Right of Self-Government
January 25, 2024
Nikolas Bowie, The Constitutional Right of Self-Government, 130 Yale L.J. 1652 (2021).
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Corporate Democracy: How Corporations Justified Their Right to Speak in 1970s Boston
January 25, 2024
Nikolas Bowie, Corporate Democracy: How Corporations Justified Their Right to Speak in 1970s Boston, 36 L. & Hist. Rev. 943 (2018).
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The Government Could Not Work Doctrine
January 25, 2024
Nikolas Bowie, The Government Could Not Work Doctrine, 105 Va. L. Rev. 1 (2019).
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Corporate Democracy: How Corporations Justified Their Right to Speak in 1970s Boston
January 25, 2024
Nikolas Bowie, Corporate Democracy: The Origins of First Amendment Libertarianism in 1970s Boston, Am. Hist. Soc’y Ann. Meeting (Jan. 8, 2017).
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Racial Identity, Electoral Structures, and the First Amendment Right of Association
January 25, 2024
Guy-Uriel E. Charles, Racial Identity, Electoral Structures, and the First Amendment Right of Association, 91 Calif. L. Rev. 1209 (2003).
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Guy-Uriel E. Charles, Colored Speech: Cross Burnings, Epistemics, and Triumph of the Crits?, 93 Geo. L. J. 575 (2005).
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Free Speech Challenges to the Inflation Reduction Act
January 25, 2024
S. Sean Tu & Rebecca Tushnet, Free Speech Challenges to the Inflation Reduction Act, JAMA (2023).
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Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny
January 25, 2024
Rebecca Tushnet, Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny (Mar. 13, 2023).
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SEC’s Climate Rule Is Compatible With The 1st Amendment
January 25, 2024
Rebecca Tushnet, Ellen Goodman & Samara Spence, SEC’s Climate Rule Is Compatible with The 1st Amendment, Law360 (July 28, 2022).
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Every Action’s an Act of Creation: Hamilton and Copyright Law
January 25, 2024
Rebecca Tushnet, Every Action’s an Act of Creation: Hamilton and Copyright Law, in Hamilton and the Law: Reading Today’s Most Contentious Legal Issues Through the…
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Not Waving but Drowning: Saving the Audience from the Floods
January 25, 2024
Rebecca Tushnet, Not Waving but Drowning: Saving the Audience from the Floods, in The Perilous Public Square: Structural Threats to Free Expression Today 48 (David…
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Case Studies in Housing and Political Advertising Regulation
January 25, 2024
Rebecca Tushnet & Eric Goldman, Case Studies in Housing and Political Advertising Regulation, in 19 Advertising & Marketing Law: Cases & Materials (5th ed. 2020).
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First Amendment Today: Not Obsolete, But…
January 25, 2024
Rebecca Tushnet, First Amendment Today: Not Obsolete, But…, 19 Insights on L. & Soc’y, Winter 2019, at 2.
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Case Studies in Atypical Advertising Regulation
January 25, 2024
Rebecca Tushnet & Eric Goldman, Case Studies in Atypical Advertising Regulation, in Advertising & Marketing Law: Cases and Materials (4th ed., Kindle Direct Publ’g 2018).
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From Status Update to Social Media Contract
January 25, 2024
Rebecca Tushnet, From Status Update to Social Media Contract, JOTWELL (Nov. 29, 2017)(reviewing Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online…
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Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 Notre Dame L. Rev. 1539 (2017).
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Truth and Advertising: The Lanham Act and Commercial Speech Doctrine
January 25, 2024
Rebecca Tushnet, Truth and Advertising: The Lanham Act and Commercial Speech Doctrine, in Trademark Law and Theory: A Handbook of Contemporary Research 294 (Graeme B.
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Stolen Valor and Stolen Luxury
January 25, 2024
Rebecca Tushnet, Stolen Valor and Stolen Luxury, in The Luxury Economy and Intellectual Property: Critical Reflections 121 (Haochen Sun, Barton Beebe & Madhavi Sunder eds.,…
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Fair Use’s Unfinished Business
January 25, 2024
Rebecca Tushnet, Fair Use’s Unfinished Business, 15 Chi.-Kent J. Intell. Prop. 399 (2016).
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Rebecca Tushnet, Copyright as a Model for Free Speech Law: What Copyright Has in Common with Campaign Finance Reform, Hate Speech and Pornography Regulation, and…
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Rebecca Tushnet, Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It, 114 Yale L.J. 535 (2004).