Volume 95
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ArticleVol. 95 · Iss. 6
The View from My Window
The experience of writing a book and then reading what some very smart and knowledgeable people have to say about the subject matter is…
Gregory P. Magarian -
ArticleVol. 95 · Iss. 6
Managing Dissent
In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed…
Timothy Zick -
ArticleVol. 95 · Iss. 6
Public Employee Speech and Magarian’s Dynamic Diversity
The Supreme Court under Chief Justice John Roberts has been praised in many quarters as a committed ally of free speech. Certainly, a number…
Heidi Kitrosser -
ArticleVol. 95 · Iss. 6
A Half-Hearted Defense of the Categorical Approach
One of Professor Magarian’s more impressive achievements in Managed Speech is paying the Roberts Court the compliment of providing a theory that runs through…
Chad Flanders -
ArticleVol. 95 · Iss. 6
Four Principles for Digital Expression (You Won’t Believe #3!)
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In…
Danielle Keats Citron & Neil M. Richards -
ArticleVol. 95 · Iss. 6
Candides and Cassandras: Technology and Free Speech on the Roberts Court
John Roberts assumed his position as Chief Justice of the United States just prior to the commencement of the October 2005 Term of the…
Ashutosh Bhagwat -
ArticleVol. 95 · Iss. 6
Public Unions Under First Amendment Fire
Unions today are under First Amendment fire, with the compelled speech doctrine as the weapon of choice. Conservative interests are waging a legal war…
Tabatha Abu El-Haj -
NoteVol. 95 · Iss. 6
Legal Defiance: Government-Sanctioned Graffiti Walls and the First Amendment
The caricature face of Maine Governor Paul LePage, wearing a Ku Klux Klan hood and surrounded by the words homophobe, moron, and racist greeted…
Kelly Oeltjenbruns -
ArticleVol. 95 · Iss. 5
Against Women’s Sports
This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. Sex…
Nancy Leong -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
ArticleVol. 95 · Iss. 5
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological…
Brian Tamanaha -
ArticleVol. 95 · Iss. 5
Lawness
One of the more important insights in H.L.A.Hart’s The Concept of Law comes on the very first pages of the book, where Hart insightfully…
Fredrick Schauer