Showing 1 - 10 of 15
Public participation is often encouraged and specifically provided for in the rule making processes of administrative agencies. It is argued and generally accepted that public feedback and participation informs agency rule making. A value of public participation in agency rule making is that it...
Persistent link: https://www.econbiz.de/10014041311
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...
Persistent link: https://www.econbiz.de/10014218109
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...
Persistent link: https://www.econbiz.de/10014219189
The one overriding theme used to describe the modern Supreme Court is its revival of federalism. Ever since the New Deal era, federalism concerns had been largely absent from the Court's decisions. However, under the leadership of the late Chief Justice Rehnquist, the Court has attempted to...
Persistent link: https://www.econbiz.de/10014221410
Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, argues that in a media society producing ever increasing amounts of entertainment the courts must closely examine the types of entertainment that qualify as protected speech under the First...
Persistent link: https://www.econbiz.de/10014222651
Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine examines the case law and rationale underlying the rule that public employment qualifies as property under the Due Process clause. Traditionally, the kind of property entitled to due process...
Persistent link: https://www.econbiz.de/10014222797
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...
Persistent link: https://www.econbiz.de/10012772019
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...
Persistent link: https://www.econbiz.de/10012771811
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...
Persistent link: https://www.econbiz.de/10012775633
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...
Persistent link: https://www.econbiz.de/10012775638