Reforming SLAPP reform: New York's anti-SLAPP statute
Article Abstract:
Statutes intended to minimize the impact of strategic lawsuits against public participation (SLAPPs) must be properly drafted to protect the right of petition while not encroaching on the right of access to the courts of those filing suit. The New York anti-SLAPP law provides a more effective remedy than common law sanctions for frivolous suits. To be most effective, anti-SLAPP statutes must ensure that early dismissal is available to minimize the litigation costs faced by citizen groups. The laws must be limited to protection of those asserting the right to petition in a public review process.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1995
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Equal access or free speech: the constitutionality of public accommodations laws
Article Abstract:
The conflict between public accommodations laws that mandate equal access to public facilities and free speech rights is highlighted in the case of City of Cleveland v. Nation of Islam. Such conflicts should be resolved by applying tests developed by the Supreme Court for evaluating content-neutral restrictions on First Amendment rights, specifically by merging the O'Brien test and the Roberts test. According to the proposed test, in the City of Cleveland case public accommodations laws should have been upheld despite their impact on rights of free speech and expressive association.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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The role of gender and relationship in reforming the Rockefeller drug laws
Article Abstract:
New York State's highly punitive drug sentencing law are analyzed in terms of their impact on women offenders who have been in an intimate relationship with a drug user or seller. Suggestions for reforming the sentencing structure of the Rockefeller drug laws based on the societal subordination of women are proposed.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
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