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Gender and Cultural Justice in South Africa

Monique Deveaux

in Gender and Justice in Multicultural Liberal States

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199289790
eISBN:
9780191711022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289790.003.0007
Subject:
Political Science, Democratization

Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This ... More


Individual Rights and Foreign Affairs

Louis Henkin

in Foreign Affairs and the United States Constitution

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260981
eISBN:
9780191682193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260981.003.0050
Subject:
Law, Constitutional and Administrative Law

This chapter is concerned with the individual not as an actor in the United States' foreign relations, or even as a member of the chorus, but as a source of constitutional limitation on foreign ... More


Constitutional Guarantees of Individual Rights

Stephen Zamora, José RamlóN CossíO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the protection of constitutional rights in Mexico, focusing on a peculiar name for the rights of individuals which emerged during the historical development of the Mexican ... More


Why Protect Free Speech?

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0001
Subject:
Law, Human Rights and Immigration

This chapter discusses the nature of a free speech principle and explores the coherence of four justifications for that principle: arguments concerned with the importance of discovering truth, free ... More


Commercial Speech in the United States 1900–76

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0011
Subject:
Law, Human Rights and Immigration

This chapter examines the institutional history of constitutional protection for freedom of expression in the United States from 1900 to 1976. The discussion includes the landmark case of Virginia ... More


The Free Flow of Commercial Information

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0024
Subject:
Law, Human Rights and Immigration

By far, the most frequent argument given by courts and commentators for the constitutional protection of freedom of expression embodies a reference to the ‘free flow of commercial information’. The ... More


Rights in the European Landscape: A Historical and Comparative Profile

Michele Graziadei

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0004
Subject:
Law, EU Law

This chapter examines several events in legal history that either highlight the importance of rights in the actual working of legal systems, or else challenge their importance. These events fit ... More


Introduction

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0009
Subject:
Law, Human Rights and Immigration

This book is concerned with the commercial expression doctrine or the commercial speech doctrine. This doctrine is the thesis that so-called commercial expression (commercial advertising, for ... More


Hearers’ Rights

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0021
Subject:
Law, Human Rights and Immigration

This chapter explores proposed justifications for the commercial expression doctrine based on the idea that the corporation whose expression is regulated or restricted has a derived autonomy right of ... More


Commercial Expression and the Self-realization Value

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0022
Subject:
Law, Human Rights and Immigration

Constitutional protection for the commercial expression of corporate expressers is ultimately underwritten from the point of view of normative political morality by the hearer's original autonomy ... More


Legal Protection of Religious Freedom

REX AHDAR and IAN LEIGH

in Religious Freedom in the Liberal State

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199253623
eISBN:
9780191719769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253623.003.0005
Subject:
Law, Human Rights and Immigration

In liberal democracies, one is unlikely to hear a principled case for religious intolerance, disabilities, and persecution. However, state and societal practices in many contemporary Islamic states ... More


The Supreme Court in the Era of Bifurcated Review V: Free Speech Cases

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0012
Subject:
Law, Legal History, Constitutional and Administrative Law

Of all the areas of twentieth-century constitutional jurisprudence, that of free speech has had the most dramatic transformation. From a state of insignificance, the First Amendment has been applied ... More


Commercial Speech in the United States 1976–2002

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0012
Subject:
Law, Human Rights and Immigration

The United States Supreme Court was not slow to apply the new doctrine of constitutional protection for commercial speech, albeit in somewhat of a tentative manner. Linmark concerned a township's ... More


Introduction

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

The theme of this book is the coercive interrogation of suspected terrorists; it is important to engage in a broad discussion concerning terrorism. That discussion must begin with a definition of ... More


Commercial Expression in Canada

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0013
Subject:
Law, Human Rights and Immigration

Constitutional protection in the full sense (that is, a right whose enforcement may lead to invalidation of legislation) for freedom of expression in Canada is relatively recent compared with that in ... More


Conclusion

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0015
Subject:
Law, Human Rights and Immigration

It is necessary to take the array of arguments for the commercial expression doctrine that emerge from the court cases cited in the previous chapters and assess their cogency. The arguments make many ... More


Academic Freedom and the Constitution

Robert Post

in Who's Afraid of Academic Freedom?

Published in print:
2015
Published Online:
November 2015
ISBN:
9780231168809
eISBN:
9780231538794
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231168809.003.0008
Subject:
Philosophy, Moral Philosophy

This chapter examines academic freedom as a concept of constitutional law. The Supreme Court has proclaimed that academic freedom is a “special concern of the First Amendment, which does not tolerate ... More


Civil Rights

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0007
Subject:
Law, Constitutional and Administrative Law

In the United Kingdom, a number of things have militated against the protection of civil liberties by any formal consolidation or declaration of constitutional rights. The prejudices of common layers ... More


Original Autonomy Rights

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0020
Subject:
Law, Human Rights and Immigration

There are two very powerful antecedent intuitions from normative political morality against constitutional protection for commercial expression. First, freedom of expression has to do with political ... More


Freedom of Commercial Expression

Roger A. Shiner

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.001.0001
Subject:
Law, Human Rights and Immigration

The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supreme Court of Canada subsequently did likewise. ... More


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