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From Contracts to Constitutions: Faculty Free Speech Issues

Julee T. Flood and Terry L. Leap

in Managing Risk in High-Stakes Faculty Employment Decisions

Published in print:
2018
Published Online:
May 2019
ISBN:
9781501728952
eISBN:
9781501728969
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501728952.003.0005
Subject:
Education, Higher Education

Two key issues stemming from the First Amendment of the U.S. Constitution are discussed: freedom of speech and academic freedom. These two ideals are largely non-existent for faculty members working ... More


All Things in Proportion? The United States

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0004
Subject:
Political Science, Political Theory

This chapter considers constitutional rights doctrines of the United States in light of the global spread of proportionality. It challenges the view that proportionality is alien to the American ... More


A Separate, Abridged Edition of the First Amendment

Colin Starger

in Justice Scalia: Rhetoric and the Rule of Law

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226601656
eISBN:
9780226601793
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226601793.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Justice Scalia’s rhetorical strategy across a series of cases adjudicating the First Amendment rights of anti-abortion protesters. This analysis leads to the counterintuitive ... More


What Kind of Press Freedom Does Democracy Need?

Mike Ananny

in Networked Press Freedom: Creating Infrastructures for a Public Right to Hear

Published in print:
2018
Published Online:
September 2019
ISBN:
9780262037747
eISBN:
9780262345828
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037747.003.0002
Subject:
Information Science, Communications

This chapter constructs a normative case for press freedom grounded in the idea of a public right to hear, a little examined cornerstone of democratic life. It develops this claim in four ways. ... More


Labor History and the Clash of Capabilities

Laura Weinrib

in The Capability Approach to Labour Law

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198836087
eISBN:
9780191873447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836087.003.0009
Subject:
Law, Employment Law

This chapter argues that the congruity between the Capabilities Approach (CA) and the American labor movement’s ambitions and tactics has shifted over time. In the early twentieth century, labor ... More


Justice Scalia’s Philosophy of Interpretation: From Textualism to Deferentialism

Scott Soames

in Justice Scalia: Rhetoric and the Rule of Law

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226601656
eISBN:
9780226601793
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226601793.003.0003
Subject:
Law, Constitutional and Administrative Law

The chapter examines Justice Scalia’s version of originalism and argues that revisions of it are needed to both resolve tensions in his official textualist formulation and to bring it better into ... More


Conclusion: The Coudert Legacy

Andrew Feffer

in Bad Faith: Teachers, Liberalism, and the Origins of McCarthyism

Published in print:
2019
Published Online:
September 2019
ISBN:
9780823281169
eISBN:
9780823285969
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823281169.003.0014
Subject:
History, Social History

This chapter summarizes the implications of the Coudert probe for the history of McCarthyism, its relationship to the liberal political tradition, the damage wrought to civil liberties and, its ... More


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