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The Genetic Information Nondiscrimination Act At Age 10: Gina’S Controversial Assertion That Data Transparency Protects Privacy And Civil Rights, Barbara J. Evans
The Genetic Information Nondiscrimination Act At Age 10: Gina’S Controversial Assertion That Data Transparency Protects Privacy And Civil Rights, Barbara J. Evans
William & Mary Law Review
The genomic testing industry is an edifice built on data transparency: transparent and often unconsented sharing of our genetic information with researchers to fuel scientific discovery, transparent sharing of our test results to help regulators infer whether the tests are safe and effective, and transparent sharing of our health information to help treat other patients on the premise that we gain reciprocity of advantage when each person’s health care is informed by the best available data about all of us. Transparency undeniably confers many social benefits but creates risks to the civil rights of the people whose genetic information is …
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
William & Mary Law Review
This Article engages the two-hundred-year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent associations of people from whom such rights are derived. The Article draws on the history of business corporations in America to argue that the Court’s characterization of corporations as associations made sense throughout most of the nineteenth century. By the late nineteenth century, however, when the Court was deciding several key cases involving corporate rights, this associational view was already becoming a poor fit for some corporations. The Court’s failure …
Presidential Constitutionalism And Civil Rights, Joseph Landau
Presidential Constitutionalism And Civil Rights, Joseph Landau
William & Mary Law Review
As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons—most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy fits within …
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
William & Mary Law Review
No abstract provided.