Articles

The Law and Economics of Wardrobe Malfunction

I. Introduction II. Current Legal Standards And The Complaint Process III. History Of The Indecency Prohibition And Its Underlying Assumptions About Media Markets And Public Ownership A. The Radio Act Of 1912 B. Passage Of The 1927 Radio Act And The Federal Radio Commission 1. Broadcast Regulation Prior To The 1927 Radio Act 2. Ownership Assumptions Underlying The Radio Act Of 1927 C. Obscenity, Indecency, And The Public Interest Standard D. The 1934 Act And The Federal Communications Commiss...

Tax Protestors and Penalties: Ensuring Perceived Fairness and Mitigating Systemic Costs

I. Introduction II. Tax Compliance A. The Scope Of The Tax Gap B. Factors Affecting Tax Compliance 1. Reasons For Tax Compliance 2. Reasons For Noncompliance III. Protestor Rhetoric A. Tax Protestors And Promoters Of Tax Protest Approaches B. Specific Tax Protestor Positions 1. Constitutional Challenges 2. Other Challenges IV. Tax Collection And Taxpayer Collection Rights A. Tax Collection Generally 1. Determination Of Tax Liability 2. Payment Of Tax Liability 3. Challenge Of Tax Liability B....

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Architecture as Art? Not in My Neocolonial Neighborhood: A Case for Providing First Amendment Protection to Expressive Residential Architecture

I. Introduction II. Background: General Welfare And Aesthetic Regulations A. Beauty And The General Welfare: The Bounds Of The Police Power B. Aesthetic Regulations 1. Ordinances Prohibiting Excessive Similarity Or Difference With Surrounding Residences 2. Ordinances Requiring Conformity To An Existing Community Architectural Style III. First Amendment Analysis A. The Threshold Inquiry: Architecture As Art 1. Art Receives First Amendment Protection 2. Architecture's Similarity To Traditionall...

There Is Nothing Light About Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions

I. Introduction II. A Crash Course On Religious Freedom A. Establishment Clause B. Free Exercise C. Equal Protection III. Framing The Issue A. The Eagle 1. Importance To The Indian 2. Importance To The United States B. The Bald And Golden Eagle Protection Act 1. The History And Function Of The Act 2. The Indian Religious Exemption 3. The Permitting Process IV. Challenges To The BGEPA A. Indian Challenges Based On Treaty Rights B. Indian Challenges Based On Religious Freedom V. Previous Chall...