UNPROTECTED SPEECH

The First Amendment right to free speech is not absolute. As Supreme Court Justice Oliver Wendell Holmes, a strong advocate for free speech, famously wrote: “The most stringent protection of free speech would not protect a man in falsely shouting fire in ...

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PROTECTED SPEECH AND EXPRESSION

The Supreme Court identifies the categories of speech protected by the First Amendment (and thus subject to strict scrutiny review). The underlying commonality of these categories is that the speech expresses substantive ideas; ideas that have meaning. Substantive ideas, opinion, ...

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INTRODUCTION TO THE FREEDOM OF SPEECH

Introduction              The headline of the article in the Louisiana newspaper read, “State Legislature continues campus free speech battle”[1] as the state legislature’s House Education Committee approved a bill limiting a state university’s ability to set time, place, and manner restrictions on ...

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JURISDICTION AND INTERNATIONAL CHILD CUSTODY LAW

In a closely watched case that drew calls for diplomatic action from prominent United States lawmakers, a federal jury found an affluent Brazilian couple guilty of aiding in the international kidnapping of their Houston-born grandson.[1]  In July 2013, the couple’s daughter, ...

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ENFORCING AND MODIFYING CUSTODY AND VISITATION

When divorcing spouses don’t agree on how to enforce a custody or visitation order, there can be animosity and confusion. Some state court systems, California’s for example, attempt to prevent this issue from arising by providing checklists of recommendations for ...

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DETERMINING AND AWARDING VISITATION RIGHT

If a court awards one parent sole physical and legal custody of a child, it will typically award the non-custodial parent “visitation rights.”[1] Visitation refers to any period of time a non-custodial parent spends with his child.[2] Visitation rights are encouraged by ...

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SOLE AND JOINT CUSTODY OF CHILD

A parent has legal custody of a child when she is responsible for making major life decisions for the child.[1] A parent has physical custody when she is the primary caretaker for the child and the child lives with her on a regular basis.[2] Either custody ...

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CHILD CUSTODY

Introduction One New York attorney and certified divorce mediator who pens a weekly column on family law issues wrote, “Facts trump emotions when dealing with custody issues.”[1] A custody battle can rage on for months and it is emotionally draining for ...

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LABOR DISPUTES

Labor disputes arise when there are disagreements over workplaces rights. Typically, these disagreements revolve around the terms of an employment contract, union representation, grievance processes or the collective bargaining process itself. Labor disputes can disrupt workplaces, and employees can lose ...

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