George Mason Law Review Civil Rights Law Journal



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George Mason University School of Law

2016 Law Journal Write-On Competition



George Mason Law Review

Civil Rights Law Journal

Journal of Law, Economics & Policy

Journal of International Commercial Law

National Security Law Journal
2016 Write-On Competition
The following are the instructions for the 2016 Write-On Competition for George Mason Law Review (GMLR), Civil Rights Law Journal (CRLJ), Journal of Law, Economics & Policy (JLEP), Journal of International Commercial Law (JICL), and National Security Law Journal (NSLJ). Unless otherwise noted, the following instructions apply to all five journals. This packet represents the final word on all matters pertaining to the Write-On Competition and supersedes anything you may have heard either at an information session or from a member of any journal. In particular, please note that all submissions must be hand-delivered, electronically submitted, or postmarked by May 27th, 2016. Hand deliveries must be made in the Records Office (3rd Floor of Hazel Hall) and/or submitted electronically by no later than 5:00 pm EDT.
For those participating in the Write-On Competition who wish to submit to journals requiring hard copy submissions, exemption for hard copy submission may be granted on a case by case basis for extenuating circumstances (i.e. being out of the country during the Competition). Those seeking exemption from submitting hard copies must email the contact listed in each journal’s submission requirements by 5:00 pm EDT on May 18th, 2016. Exemptions will not be granted for any requests received after that time.
The Write-On packet is prepared and managed by George Mason Law Review. Please direct all questions regarding the 2016 Write-On Competition to George Mason Law Review’s Senior Notes Editor, Stacey Harlow, at sharlow@gmu.edu. DO NOT send any submissions to Stacey, as this would compromise blind grading. For electronic submissions, please see the journal-specific instructions that follow.

If you have questions unrelated to the Write-On Competition, please direct them to the appropriate journal:


George Mason Law Review: Katie Smithgall, Editor-in-Chief

smithgallk@gmail.com

Civil Rights Law Journal: Rhonda Pasto, Editor-in-Chief

rpasto@gmu.edu




Journal of Law, Economics & Policy: Blake Browning, Editor-in-Chief

bbrowni2@gmu.edu



Journal of Int’l Com. Law: Tanya Secor, Editor-in-Chief

tsecor@gmu.edu



National Security Law Journal: Chelsea Smith, Editor-in-Chief

csmith82@gmu.edu


2016 Write-On Competition Instructions
I. TOPIC
To participate in the competition, you must write a Comment (as defined below in Section III) on the sources included in this packet.
II. CLOSED RESEARCH PROJECT
The Write-On is a closed research project. Not all the materials included in the packet may be applicable to your analysis—you must decide what is relevant. You do not have to use all of the sources and you do not have to use any specific number of the sources. You may not conduct any outside research, and you are limited to the materials contained in thIS packet. The materials in this packet have been noticeably altered, and you may only use the sources as they appear in this packet (i.e., do not look up the listed sources on LexisNexis, Westlaw, or any other research tool, including Google). If you are found to violate this requirement, your entry will be automatically disqualified, and you will no longer be eligible for candidate membership with any journal. This restriction is for your benefit. It allows you to spend your time reading and writing rather than researching the issues.
Similar to LRWA rules, you may not discuss this project with other law students, law school faculty, attorneys, or anyone who has legal training. However, friends or family members who have no legal training and are not law students, law school faculty, or attorneys may proofread your Comment. Please be aware that the GMUSL Honor Code governs the Write-On Competition.
III. COMMENT: DEFINITION AND TOPIC DISCUSSION
Unlike a Casenote that examines one case in particular, a Comment surveys a specific, narrow area of the law. For this Write-On Competition, your Comment should generally focus on concerns surrounding state and local regulation of tattoos and/or tattooing, federalism, and how court decisions have shaped the area of law. This topic may encompass a variety of issues, so you have leeway to focus on one or more specific issues. We are not looking for an exhaustive analysis of this topic, as that would not be possible to achieve within the page limit. We do, however, expect a thorough legal analysis of whichever issue you choose within the broader topic.
IV. FORMAT
1. You must use proper Bluebook (20th edition) law review form1 for citations (hard copy or digital copy).

2. Your Comment must not exceed twelve (12) pages of typed, double-spaced text, including footnotes.

3. Pages must be numbered (centered at the bottom of each page).

4. The font must be 12-point Times New Roman.

5. Top, bottom, left, and right margins must be one inch.

6. Footnotes must be single-spaced, in 10-point Times New Roman font.


V. ORGANIZATION
Your Comment should conform as nearly as possible to Comments published in the George Mason Law Review. You may look at Comments in these publications without violating the closed-research requirements, but only for the purpose of determining proper format and style. In addition, please use the following framework:
A. Title
At the top of the first page, you must have an appropriate title.
B. Introduction
Your introduction should introduce the issue(s) you will discuss, briefly summarize how courts have treated the issue(s), and summarize any conclusions you have reached in your Comment. Your introduction should also provide a “road map” for the reader of the different sections of your Comment.
C. Background & Discussion
This section should trace the development of the area of law under discussion. Your discussion should briefly describe the courts’ approach to key issues in these cases and should juxtapose the arguments of the parties. The purpose is not to write a detailed analysis of the relevant cases but to give the reader enough knowledge to appreciate your discussion of these cases in your analysis section.
D. Legal Analysis
This part of the Comment is the most important part of your submission. You should set forth your reasoning in detail. What we are looking for is well-reasoned legal analysis. You should focus on factors such as case holdings, consistencies or discrepancies among holdings, future consistent application of the law, etc. As you organize your analysis, you may wish to consider one or more of the following questions:


  1. How should public health, safety, and welfare factor into a First Amendment analysis of tattooing regulations?

  2. Who should govern tattooing regulation: the federal, state, or local government?

  3. What level of scrutiny should be applied to cases involving tattooing regulations?

  4. How should the traditional distinction between speech and conduct in First Amendment analysis help guide courts’ decisions about state and local tattooing regulations?

  5. How important is the concept of federalism in the context of tattooing regulation or tattoos as free expression?

  6. What role, if any, should time, place, and manner constraints on the First Amendment play in analyzing the constitutionality of state and local laws?

  7. What role does or should stare decisis play in First Amendment and free expression decisions?

  8. Is the judiciary the appropriate final decision maker in cases involving the regulation of tattooing?

A successful piece will assess the sources listed in this packet and determine how they relate to one another. There is no formula for a successful write-on submission; however, you should aim to approach the topic succinctly and creatively. You should focus on the persuasiveness of your argument, conformance with formatting used in typical Comments, writing style, grammar, punctuation, and the proper use of citations. You need not use every source listed in this packet. Likewise, you need not avoid any particular source.


VI. BLUEBOOKING EXERCISE
In addition to writing a short Comment, write-on candidates must complete a brief Bluebooking Exercise to demonstrate their competence with Bluebook (20th ed.) rules. Please cut and paste the text as provided in the Bluebooking Exercise into a separate Word document and correct the footnotes using proper Bluebook format. Additionally, below each footnote, please describe the changes you made.
For Example:


FN 1

United States v. Moussaoui, 382 F.3d 453 at 454 (4th Cir. 2004).

Your Corrected FN1

United States v. Moussaoui, 382 F.3d 453, 454 (4th Cir. 2004).

List of Changes You Made

  • Removed improper italicization per BB Rule 10.

  • Corrected pin citation form per BB Rule 3.2(a).

You should not use the Track Changes function in Word. DO NOT check the authority of footnotes for accuracy or support, or check prior or subsequent history. This is a formatting exercise and should be based solely on your knowledge and the Bluebook rules. Remember that the Honor Code governs the Write-On Competition, and using LexisNexis or Westlaw to look up any of the cases or articles in the Bluebooking Exercise or the use of any software or website (excluding the digital copy of the Bluebook) to correct the citation is against the rules of the competition. If you need additional information in order to properly correct a footnote, simply make a note explaining the information that you need. Please include this exercise in your electronic submission and in the packet with your Comment, grade release form, and contact sheet.



2016 Write-on Competition

Qualifications and Submission Instructions
I. QUALIFICATIONS

A. George Mason Law Review
First year students (1Ds & 1Es) and second year evening students (2Es) are eligible to apply for membership on the George Mason Law Review. To be eligible, students must at a minimum have a cumulative grade point average equivalent to the class mean, as determined by the GMUSL Records Office at the end of the Spring 2016 semester.
The George Mason Law Review editorial board will review each submission. There is neither a minimum nor a maximum number of positions available to students competing in the Write-On Competition, and the number of offers extended will depend on the quality of Write-On submissions. George Mason Law Review encourages all students to participate in the Write-On Competition. Students selected for candidate membership will be contacted after all Spring 2016 grades are posted.

B. Civil Rights Law Journal
First year students (1Ds & 1Es), second year students (2Ds & 2Es) writing on for the first time, and third year evening students (3Es) graduating next May or later, are eligible to apply for membership on the Civil Rights Law Journal. To be eligible, students must have a minimum cumulative grade point average of 2.75, as determined by the GMUSL Records Office at the end of the 2016 Spring Semester.
The Civil Rights Law Journal editorial board will review each submission. There is neither a minimum nor a maximum number of positions available to students competing in the Write-On Competition. The Civil Rights Law Journal encourages all students to participate in the Write-On Competition. Students selected for candidate membership will be contacted after all Spring 2016 grades are posted.
C. Journal of Law, Economics & Policy
All students applying for membership on the Journal of Law, Economics & Policy must be first year students (1Ds & 1Es) or second year evening students (2Es). JLEP requires all applicants to be in good academic standing, but the JLEP review committee considers GPA as a non-determinative factor in the admissions process.
The Journal of Law, Economics & Policy editorial board will review each submission. There is neither a minimum nor a maximum number of positions available to students competing in the Write-On Competition. The Journal of Law, Economics & Policy encourages all students to participate in the Write-On competition. Students selected for candidate membership will be contacted after all Spring 2016 grades are posted.
D. Journal of International Commercial Law
All students applying for membership on the Journal of International Commercial Law must have at least one full academic semester remaining in law school. Accordingly, the Journal of International Commercial Law will review submissions from first year students (1Ds & 1Es), second year students (2Ds & 2Es), and third year evening students (3Es). The Journal of International Commercial Law requires all applicants to be in good academic standing (at least a 2.33 GPA pursuant to Academic Regulation 3-7), as determined by the GMUSL Records Office at the end of the 2016 Spring Semester.
The Journal of International Commercial Law editorial board will review each submission. There is neither a minimum nor a maximum number of positions available to students competing in the Write-On Competition. The Journal of International Commercial Law encourages all eligible students to participate in the Write-On Competition. Students selected for candidate membership will be contacted after all Spring 2016 grades are posted.
E. National Security Law Journal
All students applying for membership on the National Security Law Journal must have at least one full academic year remaining in law school. Accordingly, the National Security Law Journal will review submissions from all first-year students (1Ds & 1Es), all second year students (2Ds & 2Es), and third year evening students (3Es) graduating in the following May or beyond.  To be eligible, students must have a minimum cumulative grade point average of 2.50, as determined by the GMUSL Records Office at the end of the 2016 Spring Semester.
The National Security Law Journal editorial board will review each submission. There is neither a minimum nor a maximum number of positions available to students competing in the Write-On Competition. The National Security Law Journal encourages all eligible students to participate in the Write-On Competition. Students selected for candidate membership will be contacted after all Spring 2016 grades are posted.
II. SUBMISSION PACKAGE CONTENTS
Prepare a separate submission package for each journal in accordance with the following directions.
A. George Mason Law Review
Inside a sealed envelope marked George Mason Law Review, please submit the following:


  1. 4 copies of your Comment;

  2. 1 copy of the Bluebooking Exercise; and

  3. A separate, unmarked, sealed envelope that includes:

    1. A signed George Mason Law Review grade release form; and

    2. A contact information sheet.

Students must also e-mail an electronic copy of their Comment and Bluebooking Exercise to lrwriteon@gmail.com by May 27, 2016, at 5:00 pm EDT as indicated on the submission instructions below. If an electronic copy is not received prior to the deadline, the student’s submission will not be reviewed. Please enter “Write-On Competition Submission” in the subject line. Please identify yourself in the body of the e-mail, as it will be directed to a member of George Mason Law Review who is not judging the write-on submissions. Compliance with this deadline will be determined by the time the e-mail is sent.


Students necessitating an exemption from hard copy submission due to extenuating circumstances must notify Law Review’s Managing Editor, Tiffany Bates, at tiffanyhbates@gmail.com by 5:00 pm EDT on May 18th, 2016. Please enter “Write-On Competition Exemption Request” in the subject line. Please identify yourself in the body of the email and provide the reason for your exemption request. A response to your request will be sent within 24 hours of your request.
PLEASE NOTE: For hard copy submissions, a separate, unmarked, sealed envelope with your grade release form and contact information sheet for each submission should be placed in the same envelope as your submission. DO NOT mail your grade release forms and contact information sheets separately. Each submission requiring a paper submission should be mailed in one envelope.
B. Civil Rights Law Journal
Inside a sealed envelope marked Civil Rights Law Journal, please submit the following:


  1. 4 copies of your Comment;

  2. 1 copy of the Bluebooking Exercise; and

  3. A separate, unmarked, sealed envelope that includes:

    1. A signed Civil Rights Law Journal grade release form;

    2. A contact information sheet;

    3. A resume (optional); and

    4. A statement of interest (required for 2Ds and 3Es, optional for all others; please see instructions later in this packet).

Students must also e-mail an electronic copy of their Comment and Bluebooking Exercise to write-on@civilrightslawjournal.com by May 27, 2016, at 5:00 pm EDT. If an electronic copy is not received prior to the deadline, the student’s submission will not be reviewed. Please enter “Write-on Competition Submission” in the subject line. Please identify yourself in the body of the e-mail, as it will be directed to a member of the Civil Rights Law Journal who is not judging the write-on submissions. Compliance with this deadline will be determined by the time the e-mail is sent.


Students requesting an exemption from hard copy submission due to extenuating circumstances must email CRLJ’s Managing Editor, Andrew Howard, at andrewhoward956@gmail.com by 5:00 pm EDT on May 18th, 2016. Please enter “Write-On Competition Exemption Request” in the subject line. Please identify yourself in the body of the email and provide the reason for your exemption request. A response to your request will be sent within 24 hours of your request.

C. Journal of Law, Economics & Policy
Through electronic submission to the Journal of Law, Economics & Policy, please submit the following:


        1. 1 copy of your Comment;

        2. 1 copy of the Bluebooking Exercise;

        3. 1 copy of your resume, with your name and GPA redacted;

        4. 1 copy of your grade release form;

        5. 1 copy of a contact information sheet; and

        6. 1 copy of a statement of interest (optional).

Students must e-mail an electronic copy of their Comment, Bluebooking Exercise, Resume, Grade Release Form, contact information sheet, and an optional statement of interest to jlepwriteon@gmail.com by May 27, 2016, by 5:00 pm EDT. If an electronic copy is not received prior to the deadline, the student’s submission will not be reviewed. Please enter “Write-on Competition Submission” in the subject line. Please identify yourself in the body of the e-mail, as it will be directed to a member of the Journal of Law, Economics & Policy who is not judging the write-on submissions. Compliance with this deadline will be determined by the time the e-mail is sent.

The Journal of Law, Economics & Policy will evaluate each application under a totality-of-circumstances review. You have the option to turn the Grade Release Form in via hard copy to Records or alternatively may scan a signed copy and submit the form with the rest of the requirements in the email. You also have the option to submit a 1-page statement of interest explaining why you are interested in the Journal of Law, Economics & Policy specifically. The statement of interest is entirely optional and designed to give the Board any additional information that you feel is relevant that is not previously expressed in your resume.

D. Journal of International Commercial Law
Students must e-mail an electronic copy of the following documents to GMUSLJICL@gmail.com by May 27, 2016 at 5:00 pm EDT:


  1. Your Comment;

  2. The Bluebooking Exercise;

  3. A signed Journal of International Commercial Law grade release form*;

  4. A contact information sheet;

  5. Your résumé with your name redacted (optional); and

  6. Your Statement of Interest (optional).

*The Records Office requires a handwritten signature. Please scan and e-mail your signed grade release form or submit a hard copy to the Records Office inside a sealed envelope marked Journal of International Commercial Law. (Previous students have successfully used the free app CamScanner to easily PDF their grade release forms from their phone.)
Please enter “Write-on Competition Submission” in the subject line and identify yourself in the body of the e-mail, as it will be directed to a member of the Journal of International Commercial Law who is not judging the write-on submissions. If these materials are not received prior to the deadline, the student’s submission will not be reviewed. Compliance with this deadline will be determined by the time the e-mail is sent.



E. National Security Law Journal
Students must submit an electronic copy of the following Write-On submission materials by e-mail to writeon@nslj.org by May 27, 2016 at 5:00 pm EDT. The National Security Law Journal is not accepting hard copy submissions of these materials. The e-mail must include:


  1. Your Comment;

  2. Your Bluebooking Exercise;

  3. A signed National Security Law Journal grade release form*;

  4. Your contact information sheet;

  5. Your statement of interest (optional); and

  6. Your résumé with your name redacted (optional).

Your Comment, Bluebooking Exercise, Statement of Interest, Resume, and Contact Information sheet must each be submitted in Microsoft Office Word format (.doc or .docx).


If an electronic copy of your submission is not received prior to the May 27, 2016, 5:00 pm EDT deadline, your submission will not be reviewed. In your submission e-mail, please enter “Write-On Competition Submission” in the subject line. Please identify yourself in the body of the e-mail, as it will be directed to a member of the National Security Law Journal who is not judging the Write-On submissions. Compliance with the Write-On deadline will be determined by the time the e-mail is sent.
*The Records Office requires a handwritten signature for the grade release form. Please scan and e-mail your signed grade release form with your Write-on submission, or submit a hard copy to the Records Office inside a sealed envelope marked National Security Law Journal.

III. ANONYMITY
To ensure anonymity, you MUST NOT IDENTIFY YOURSELF ANYWHERE ON YOUR COMMENT OR BLUEBOOKING EXERCISE. If you do so, you will be disqualified. Your contact information and grade release form will be used to identify your submission. Any submission that does not include a grade release form and summer contact information form will not be reviewed.
IV. SUBMISSION DUE DATE AND HARD COPY INSTRUCTIONS
All submissions are due on FRIDAY, MAY 27, 2016. In addition to the electronic submissions, students may either hand deliver their submissions by 5:00 pm EDT on May 27, 2016, or submit them by mail, postmarked by May 27, 2016.
Hand Delivery
Students who choose to hand deliver their submissions must drop them off in the Records Office at the law school by 5:00 p.m. EDT on May 27, 2016. Students must be careful not to leave any identifying information on their submissions.
Mail Submissions
Students who choose to mail their submissions must postmark them by May 27, 2016. Please mail a separate submission to each journal to which you are applying. Mail your submissions to:
(Insert journal name here)

Write-on Competition

George Mason University School of Law

3301 N. Fairfax Drive

Arlington, Virginia 22201
George Mason Law Review

Grade Release Form

Student Name: ______________________________________

GMU Identification #: _________________________________

I authorize the George Mason University School of Law to release my cumulative grade point average and class rank to George Mason Law Review.

Signature: ___________________________________________

Date: ______________________

FOR RECORDS OFFICE USE ONLY

This student’s GPA is ________.



This student’s class rank is ________.

Civil Rights Law Journal



Grade Release Form

Student Name: ______________________________________

GMU Identification #: _________________________________

I authorize the George Mason University School of Law to release my cumulative grade point average and class rank to the Civil Rights Law Journal.

Signature: ___________________________________________

Date: ______________________


FOR RECORDS OFFICE USE ONLY

This student’s GPA is ________.

This student’s class rank is ________.
Journal of Law, Economics & Policy

Grade Release Form

Student Name: ______________________________________

GMU Identification #: _________________________________

I authorize the George Mason University School of Law to release my cumulative grade point average and class rank to the Journal of Law, Economics & Policy.

Signature: ___________________________________________

Date: ______________________


FOR RECORDS OFFICE USE ONLY

This student’s GPA is ________.

This student’s class rank is ________.
Journal of International Commercial Law

Grade Release Form

Student Name: ______________________________________

GMU Identification #: _________________________________

I authorize the George Mason University School of Law to release my cumulative grade point average and class rank to the Journal of International Commercial Law.

Signature: ___________________________________________

Date: ______________________


FOR RECORDS OFFICE USE ONLY

This student’s GPA is ________.

This student’s class rank is ________.

National Security Law Journal



Grade Release Form

Student Name: ______________________________________

GMU Identification #: _________________________________

I authorize the George Mason University School of Law to release my cumulative grade point average and class rank to the National Security Law Journal.

Signature: ___________________________________________

Date: ______________________


FOR RECORDS OFFICE USE ONLY

This student’s GPA is ________.

This student’s class rank is ________.


Summer 2016 Contact Information Sheet

Student Name: ______________________________________

Summer Address: ______________________________________
______________________________________

Summer Phone Number: (Day) ____________________________

(Evening) _________________________

E-mail Address: __________________________________




Journals will extend offers in early to mid-July. Please provide any additional contact information necessary to ensure that we can contact you during that period.
If you will be unavailable in early to mid-July, please provide us with any information you can as to when you will return and how to contact you at that time. PLEASE NOTE- this will not preclude you from receiving journal offers.

Civil Rights Law Journal
Statement of Interest

(Required for 2Ds & 3Es, optional for others)
Please tell us why you are interested in joining the Civil Rights Law Journal. For 2D and 3E students, please also tell us why you have not previously completed the write-on competition. The purpose of the statement of interest is to give students an opportunity to provide additional information for the board to consider when making selections. Your statement should not exceed 200 words.

Journal of Law, Economics & Policy
Optional Statement of Interest
Please tell us why you’re interested in joining the Journal of Law, Economics & Policy. This portion of the application is optional and no negative inferences will be drawn if you elect not to write a statement of interest. The purpose of the statement of interest is to give students an opportunity to provide additional information for the board to consider when making selections. Your statement can include any information about yourself that you feel is not adequately expressed by your resume and/or any information about why you are interested in JLEP specifically and what all you feel you would bring to the journal. Please keep your statement to one page, double-spaced.
Journal of International Commercial Law
Optional Statement of Interest
Please tell us why you’re interested in joining the Journal of International Commercial Law and what you anticipate contributing to JICL. This portion of the application is optional. No points will be deducted for failure to submit an answer nor will points be added for submitting an answer. The purpose of the statement of interest is to give students an opportunity to provide additional information for the board to consider when making selections. Your statement should not exceed 200 words.


National Security Law Journal
Optional Statement of Interest
Please tell us about your interests in the National Security Law Journal. This portion of the NSLJ application is optional, and you will not be penalized if you choose not to submit a response. However, this is an opportunity for you to discuss your past experiences; your interest, if any, in national security law; and any skills or qualities that you might bring to NSLJ as a Candidate Member. Your response can help distinguish you as a potential Candidate Member and will be taken into consideration when extending offers.
Please limit your statement to 250 words or less. Your statement should be double-spaced in 12-point Times New Roman Font.
List of Sources for the 2016 Write-on Competition
Please note that many of the sources below are edited. Please do not look up these sources to read the portions not included in the Write-On packet.
Please also note that the sources below may not be cited correctly. Please consult the Bluebook for proper citations and formatting.
PRIMARY SOURCES:
1st Amendment of the United States Constitution

10th Amendment of the United States Constitution

14th Amendment of the United States Constitution

Code of Laws of South Carolina 1976 Annotated §44-34-110

Connecticut General Statutes Annotated §20-266o

Zoning Regulations, Town of Farmington, Connecticut



Spaceman v. Cleveland, 393 U.S. 503 (1969).

Jordan v. City of Knuckle Beach, 621 F.3d 1051 (2010).

Lemon v. Banks, 495 F. Supp. 1248 (1980).

United States v. Geiss, 391 U.S. 367 (1968).

Dot Com Tattoo, LLC v. City of E. Boston, 580 F. Supp. 2d. 656 (2008).
State v. Hornberger, 348 S.C. 532 (2002).
SECONDARY SOURCES:
Smolla & Nimmer on Freedom of Speech § 2:12
Illinois Law and Practice Constitutional Law § 135
Chris Morran, Court Says Tattooing Is Protected Speech, Mocks City For Misinterpreting “Margaritaville” Lyrics, The Consumerist, January 4, 2016.
Nathan Hale, Tattoo Artist Takes On Key West Zoning Laws In 11th Circ., Law360, October 2, 2015.
Jason Billings, The Levels of Scrutiny in Judicial Review, US Blawg, June 17, 2013.
Kelly-Ann Weimar, A Picture is Worth A Thousand Words: Tattoos and Tattooing Under the First Amendment, 7 Phoenix L. Rev. 719, Summer 2014.

Kelly Smith-Haley, Illinois Employment Law Letter, Court Allows Ink to Dry on Chicago Police Department’s Tattoo Policy, 26 No. 6 Ill. Emp. L. Letter 3, January 2016.


David Ramsey, Arkansas lawmaker tries to ban tattoo-shop practices, Arkansas Times, March 14, 2014.
Hannah H. Porter, Tattooist v. Tattoo: Separating the Service from the Constitutionally Protected Message, 2012 B.Y.U.L. Rev. 1071, 2012
Clay Calvert, Fringes of Free Expression: Testing the Meaning of “Speech” Amid Shifting Cultural Mores and Changing Technologies, 22 S. Cal. Interdisc. L.J. 545, Spring 2013.


NOTE: This is a closed research project. All of the sources that you should use are included in this packet. No outside research is allowed.
You may only cite to the above listed sources. However, if you wish to cite a source that is explained or quoted within the packet, please format the citation similar to one of the following examples:
Johnson v. Quander, 370 F.Supp.2d 79, 85-86 (2005) (quoting United States v. Knights, 534 U.S. 112 (2001)).
Johnson v. Quander, 370 F.Supp.2d 79, 85-86 (2005) (citing United States v. Knights, 534 U.S. 112 (2001)).

United States Code Annotated

Constitution of the United States

SuperBrowse Annotated

SuperBrowse Amendment I. Freedom of Religion, Speech and Press; Peaceful Assemblage; Petition of Grievances (Refs & Annos)

U.S.C.A. Const. Amend. I

Amendment I. Freedom of Religion, Speech and Press; Peaceful Assemblage; Petition of Grievances
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

United States Code Annotated

Constitution of the United States Annotated

Amendment X. Reserved Powers to States


U.S.C.A. Const. Amend. X
Amendment X. Reserved Powers to States
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

United States Code Annotated

Constitution of the United States

Annotated

Amendment XIV. Citizenship; Privileges and Immunities; Due Process; Equal Protection; Apportionment of Representation; Disqualification of Officers; Public Debt; Enforcement

U.S.C.A. Const. Amend. XIV-Full Text

AMENDMENT XIV. CITIZENSHIP; PRIVILEGES AND IMMUNITIES; DUE PROCESS; EQUAL PROTECTION; APPOINTMENT OF REPRESENTATION; DISQUALIFICATION OF OFFICERS; PUBLIC DEBT; ENFORCEMENT

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Code of Laws of South Carolina 1976 Annotated

Title 44. Health

SuperBrowse Chapter 34. Tattooing

Code 1976 § 44-34-110



§ 44-34-110. Restrictions on location of tattoo facility; notice of intent to apply for license.

Currentness

(A)(1) The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.

(2) As used in this subsection:

(a) “Church” means an establishment, other than a private dwelling, where religious services are usually conducted.

(b) “School” means an establishment, other than a private dwelling where the usual processes of education are usually conducted.

(c) “Playground” means a place, other than grounds at a private dwelling that is provided by the public or members of a community for recreation.

(3) The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department.

(B) An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.

(C) A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection. The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated.


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