quot;Judicial Review and the 'Hard Look' Doctrinequot; examines the ways in which judicial review of administrative rulemaking has become more scrutinizing. Specifically, the article analyzes what has become known as the 'hard look' standard of judicial review. To many scholars, this hard look...

This Article addresses the First Amendment status of the one participant in the communications process who is the most vulnerable and least protected in today's media-saturated world - the unwilling recipient of offensive media entertainment speech. The Article argues that for the communicative...

quot;Anonymous Sources, Libel Law, and the First Amendmentquot; presents an analysis of constitutional doctrines governing the media's use of anonymous sources, as well as of the constitutional model of the First Amendment Press Clause that gave rise to those doctrines. The article examines the...

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process with the Right to Travel argues that the federalism revolution waged by the Rehnquist Court may point the way to a more constitutionally sound approach to protecting individual liberty than the...

quot;The Institutional Side of Religious Liberty: A New Model of the Establishment Clausequot; offers a new theory of the First Amendment Establishment Clause. Under this theory, the Clause plays a subordinate role to the Free Exercise Clause; whereas at present, the Exercise Clause is generally...

The Unannounced Revolution: How the Court Has Indirectly Effected a Shift in the Separation of Powers argues that contrary to prevailing wisdom the Supreme Court has presided over a significant transformation in the separation of powers area. Many scholars have questioned why the Court has not...

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. A state...

This article argues that the Supreme Court's decision in United States v. American Library Association reflects a more realistic view of the Internet and its role in society than does the Court's previous decisions, and that the Court's opinion in ALA may pave the way for a First Amendment model...

The globalization movement has made efforts to create free trade zones through considerable efforts to harmonize international commercial and trade laws. Perhaps as a result of the focus that the globalization movement has put on trade harmonization, commentators and regulators have begun...

In the modern media age, the number of media venues, along with the types of information and programming those venues carry, is exploding. Nowhere is that explosion more evident than with the Internet. On the positive side, the Internet offers a wealth of information and communications...