Viewpoints from Olympus
Article Abstract:
The US Supreme Court's decision in Rosenberger v. Rector & Visitors of the University of Virginia failed to clearly address the distinction between viewpoint discrimination and content discrimination in free speech law. The case involved the University's refusal to fund any student activities that primarily promoted or manifested a particular religious belief. Since the guidelines covered atheists and agnostics, they were viewpoint-neutral on one level, but allowing secular perspectives on issues of relevance to religious groups could have discriminatory impact. The better approach would focus on content discrimination and administrative burden.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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Opinions as rules
Article Abstract:
Stylistic and approachability criticisms of judicial opinions are based on the theory that the opinions are largely for teaching purposes or for giving judges publishing credits. These views fail to consider the importance of judicial opinions in the development of law and so do not compare their style with that of statutes but rather require a style that addresses a broad public audience even when none is apparent. Therefore, the complex, footnoted technical style of many opinions is appropriate when the true purpose of the opinions is considered.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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