WorldCat Identities

Cohen, Henry 1949-

Overview
Works: 122 works in 580 publications in 1 language and 7,943 library holdings
Genres: Privileges and immunities 
Roles: Author, Editor
Classifications: JK1108, 323.443
Publication Timeline
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Most widely held works by Henry Cohen
Freedom of speech and press : exceptions to the First Amendment by Henry Cohen( Book )

42 editions published between 1992 and 2009 in English and held by 433 WorldCat member libraries worldwide

The First Amendment to the United States Constitution provides that "Congress shall make no law ... abridging the freedom of speech, or of the press ..." This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment -- of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." The Court has also decided that the First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television, and public employees' speech. Even speech that enjoys the most extensive First Amendment protection may be subject to "regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication." And, even speech that enjoys the most extensive First Amendment protection may be restricted on the basis of its content if the restriction passes "strict scrutiny," i.e., if the government shows that the restriction serves "to promote a compelling interest" and is "the least restrictive means to further the articulated interest."
Products liability : a legal overview by Henry Cohen( Book )

37 editions published between 1978 and 2007 in English and held by 334 WorldCat member libraries worldwide

Federal obscenity and child pornography law by Henry Cohen( Book )

20 editions published between 1988 and 1994 in English and held by 293 WorldCat member libraries worldwide

Awards of attorneys' fees in federal courts and by federal agencies by Henry Cohen( Book )

28 editions published between 1977 and 2008 in English and held by 247 WorldCat member libraries worldwide

In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalize contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes
Obscenity and indecency : constitutional principles and federal statutes by Henry Cohen( Book )

20 editions published between 1999 and 2006 in English and held by 233 WorldCat member libraries worldwide

"Most pornography is not legally obscene, to be obscene, pornography must, at a minimum, 'depict or describe patently offensive 'hard core' sexual conduct.' "
Child pornography : constitutional principles and federal statutes by Henry Cohen( Book )

20 editions published between 1996 and 2005 in English and held by 230 WorldCat member libraries worldwide

Obscenity, child pornography, and indecency : recent developments and pending issues by Henry Cohen( Book )

17 editions published between 1999 and 2006 in English and held by 186 WorldCat member libraries worldwide

The First Admendment provides that "Congress shall make no law ... abridging the freedom of speech, or of the press ..." The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and indecency that are protected by the First Amendment may nevertheless be restricted in order to limit minors' access to them
Brief summaries of federal animal protection statutes by Henry Cohen( Book )

11 editions published between 1985 and 2007 in English and held by 147 WorldCat member libraries worldwide

The Legal Services Corporation by Henry Cohen( Book )

12 editions published between 1992 and 1996 in English and held by 145 WorldCat member libraries worldwide

Medical malpractice liability reform : legal issues and fifty-state survey of caps on punitive damages and noneconomic damages by Henry Cohen( Book )

17 editions published between 2003 and 2006 in English and held by 136 WorldCat member libraries worldwide

Federal advertising law : an overview by Henry Cohen( Book )

11 editions published between 1996 and 2005 in English and held by 132 WorldCat member libraries worldwide

This report provides a brief overview of federal law with respect to six selected advertising issues: alcohol advertising, tobacco advertising, the federal Trade Commission Act, advertising by mail (including junk mail), advertising by telephone, and commercial e-mail (spam). There are numerous federal statutes regulating advertising that do not fit within any of these categories. As random examples, the Food, Drug and Cosmetic Act requires disclosures in advertisements for prescription drugs; the Truth in Lending Act governs the advertising of consumer credit; and a federal criminal statute makes it illegal falsely to convey in an advertisement that a business is connected with a federal agency
Federal Tort Claims Act : current legislative and judicial issues by Henry Cohen( Book )

12 editions published between 1988 and 2009 in English and held by 124 WorldCat member libraries worldwide

The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits by military personnel for injuries sustained incident to service; the discretionary function exception, which immunizes the United States for acts or omissions of its employees that involve policy decisions; and the intentional tort exception, which precludes suits against the United States for assault and battery, among some other intentional torts, unless they are committed by federal law enforcement or investigative officials. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits. In the 110th Congress, two bills have been introduced that would amend the Federal Tort Claims Act: H.R. 2249, the Federal Tort Claim Reform Act of 2007, and H.R. 6093, the Carmelo Rodriguez Military Medical Accountability Act of 2008
Products liability : some legal issues by Henry Cohen( Book )

6 editions published between 1978 and 1988 in English and held by 119 WorldCat member libraries worldwide

Obscenity : constitutional principles and federal statutes by Henry Cohen( Book )

9 editions published between 1996 and 1999 in English and held by 118 WorldCat member libraries worldwide

Federal tort reform legislation : constitutionality and summaries of selected statutes by Henry Cohen( Book )

11 editions published between 2001 and 2008 in English and held by 94 WorldCat member libraries worldwide

Awards of attorneys fees by federal courts, federal agencies and selected foreign countries by Mary V Capisio( Book )

3 editions published in 2002 in English and held by 92 WorldCat member libraries worldwide

The McCarran-Ferguson Act's exemption of the business of insurance from federal antitrust law by Henry Cohen( Book )

6 editions published between 1979 and 1990 in English and held by 81 WorldCat member libraries worldwide

Regulation of broadcast indecency : background and legal analysis by Angie Welborn( Book )

11 editions published between 2004 and 2006 in English and held by 54 WorldCat member libraries worldwide

Two prominent television events in the past two years placed increased attention on the FCC and its indecency regulations. The airing of the 2003 Golden Globe Awards and the subsequent ruling by the FCC's Enforcement Bureau, coupled with the controversy surrounding the 2004 Super Bowl half-time show, brought broadcast indecency to the forefront of the congressional agenda during the 108th Congress. Several bills were introduced, but not enacted, in the 108th Congress to increase the penalties imposed for broadcast indecency and to prohibit the broadcast of certain words and phrases in any grammatical form. Similar legislation has been introduced in the 109th Congress. This report provides background on the two events in question, discusses the legal evolution of the FCC's indecency regulations, and provides an overview of how the current regulations have been applied and pending legislation. The final section of the report considers whether prohibiting the broadcast of "indecent" words regardless of context would violate the First Amendment
Prohibiting television advertising of alcoholic beverages : a constitutional analysis by Henry Cohen( Book )

3 editions published between 1997 and 2002 in English and held by 40 WorldCat member libraries worldwide

Journalists' privilege : overview of the law and 109th Congress legislation by Henry Cohen( Book )

14 editions published between 2005 and 2008 in English and held by 35 WorldCat member libraries worldwide

Journalists, the Supreme Court has written, claim "that to gather news it is often necessary to agree either not to identify the source of information published or to publish only part of the facts revealed, or both; that if the reporter is nevertheless forced to reveal these confidences to a grand jury the source so identified and other confidential sources of other reporters will be measurably deterred from furnishing publishable information, all to the detriment of the free flow of information protected by the First Amendment." Though the Supreme Court concluded that the First Amendment does not provide a journalists' privilege, 49 states have adopted a journalists' privilege, and bills to adopt a journalists' privilege have been introduced in the 109th Congress, 1st session, in both the House and the Senate (S. 1419 and H.R. 3323) In addition, S. 2831 was introduced in the 109th Congress, 2d session
 
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Freedom of speech and press : exceptions to the First Amendment
Languages
English (310)

Covers
Awards of attorneys' fees in federal courts and by federal agenciesObscenity and indecency : constitutional principles and federal statutesAwards of attorneys fees by federal courts, federal agencies and selected foreign countries