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We're All Born Naked And The Rest Is Speech: Gender Expression And The First Amendment, Charlie Ferguson
We're All Born Naked And The Rest Is Speech: Gender Expression And The First Amendment, Charlie Ferguson
University of Pennsylvania Law Review
As the antitransgender moral panic reaches a fever pitch, transgender civil rights are becoming increasingly fragile. A potential legal defense to these attacks lies within the First Amendment: if gender expression, or the way humans communicate their gender identity, is understood to be expressive conduct, it may receive protections under the Free Speech Clause. Using the framework of Spence v. Washington, this Comment argues that gender expression is a form of speech deserving of First Amendment protection. First, a speaker can use gender expression to share information about their identity. And second, an audience is likely to understand the speaker’s …
We Have The Right To Play, Duane Rudolph
We Have The Right To Play, Duane Rudolph
University of Pennsylvania Journal of Law and Social Change
This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …
Is Sunlight The Best Disinfectant? Reassessing Beps Action 5’S Tax Ruling Transparency, Patrick Hasson
Is Sunlight The Best Disinfectant? Reassessing Beps Action 5’S Tax Ruling Transparency, Patrick Hasson
University of Pennsylvania Law Review
No abstract provided.
Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias
Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Heir Hunting, David Horton, Reid Kress Weisbord
Heir Hunting, David Horton, Reid Kress Weisbord
University of Pennsylvania Law Review
No abstract provided.
Bankruptcy Tourism And The European Union’S Corporate Restructuring Quandary: The Cathedral In Another Light, Samir D. Parikh
Bankruptcy Tourism And The European Union’S Corporate Restructuring Quandary: The Cathedral In Another Light, Samir D. Parikh
University of Pennsylvania Journal of International Law
No abstract provided.
Alternative Data Accumulation, Investment Management And The Ever-Present Spectre Of Insider Trading Liability–Should Hedge Funds Be Concerned About Trading On Scraped Data?, Florian N. Kamp
University of Pennsylvania Journal of Business Law
No abstract provided.
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
JCL Online
No abstract provided.
Divided We Fall: Parole Supervision Conditions Prohibiting "Inter-Offender" Associations, James M. Binnall
Divided We Fall: Parole Supervision Conditions Prohibiting "Inter-Offender" Associations, James M. Binnall
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The New Transatlantic Trigonometry: Brexit And Europe’S Treaty Relations With The United States, Joris Larik
The New Transatlantic Trigonometry: Brexit And Europe’S Treaty Relations With The United States, Joris Larik
University of Pennsylvania Journal of International Law
No abstract provided.
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Counter-Terrorism Measures And International Humanitarian Law: A Case Study Of The "Troubles" In Northern Ireland, Juliana Van Hoeven
Counter-Terrorism Measures And International Humanitarian Law: A Case Study Of The "Troubles" In Northern Ireland, Juliana Van Hoeven
University of Pennsylvania Journal of International Law
No abstract provided.
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Emerging Technologies And Dwindling Speech, Jorge R. Roig
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Membership And Messages: The (Il)Logic Of Expressive Association Doctrine, Hans Allhoff
Membership And Messages: The (Il)Logic Of Expressive Association Doctrine, Hans Allhoff
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Algorithms And Speech, Stuart Minor Benjamin
Algorithms And Speech, Stuart Minor Benjamin
University of Pennsylvania Law Review
No abstract provided.
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
East Asia Law Review
This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …
Penn Law Journal: 10 Years Of Grief, Resolve, And Change
Penn Law Journal: 10 Years Of Grief, Resolve, And Change
The Journal
No abstract provided.
The Line Between Copyright And The First Amendment And Why Its Vagueness May Further Free Speech Interests, Edmund T. Wang
The Line Between Copyright And The First Amendment And Why Its Vagueness May Further Free Speech Interests, Edmund T. Wang
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
University of Pennsylvania Journal of International Law
No abstract provided.
Law, Issue Frames And Social Movements: Three Case Studies Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Martha F. Davis
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Lethal Crapshoot: The Fatal Unreliability Of The Penalty Phase, Kevin M. Doyle
Lethal Crapshoot: The Fatal Unreliability Of The Penalty Phase, Kevin M. Doyle
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Medicare: Did The Devil Make Us Do It?, David A. Hyman, Jill R. Horwitz
Medicare: Did The Devil Make Us Do It?, David A. Hyman, Jill R. Horwitz
University of Pennsylvania Law Review Online
No abstract provided.
Spain's Double Shock: Hindsight From The United States Regarding An Immigration Influx And Its Effect On Social Security Funding, Alexander V. Ifill
Spain's Double Shock: Hindsight From The United States Regarding An Immigration Influx And Its Effect On Social Security Funding, Alexander V. Ifill
University of Pennsylvania Journal of International Law
No abstract provided.
Alcohol, Drugs And The National Pastime, Roger L. Abrams
Alcohol, Drugs And The National Pastime, Roger L. Abrams
University of Pennsylvania Journal of Business Law
No abstract provided.
The Global Pattern Of U.S. Initiatives Curtailing Women's Reproductive Rights: A Perspective On The Increasingly Anti-Choice Mosaic, Julia L. Ernst, Laura Katzive, Erica Smock
The Global Pattern Of U.S. Initiatives Curtailing Women's Reproductive Rights: A Perspective On The Increasingly Anti-Choice Mosaic, Julia L. Ernst, Laura Katzive, Erica Smock
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Hooray For… Toronto? Hollywood, Collective Bargaining, And Extraterritorial Union Rules In An Era Of Globalization, Gail Frommer
Hooray For… Toronto? Hollywood, Collective Bargaining, And Extraterritorial Union Rules In An Era Of Globalization, Gail Frommer
University of Pennsylvania Journal of Business Law
No abstract provided.
Black And White After Brown: Constructions Of Race In Modern Supreme Court Decisions, Rogers M. Smith
Black And White After Brown: Constructions Of Race In Modern Supreme Court Decisions, Rogers M. Smith
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Current, Subtle - And Not So Subtle - Rejection Of An Independent Judiciary, Calabresi Guido
The Current, Subtle - And Not So Subtle - Rejection Of An Independent Judiciary, Calabresi Guido
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
How The Usa Patriot Act Wil Permit Governmental Infringement Upon The Privacy Of Americans In The Name Of Intelligence Investigations, Sharon H. Rackow
How The Usa Patriot Act Wil Permit Governmental Infringement Upon The Privacy Of Americans In The Name Of Intelligence Investigations, Sharon H. Rackow
University of Pennsylvania Law Review
No abstract provided.
Whiteness (And Other Ness(Es)) As Property Revisited: A Response To Derrick Bell And A Vision For Multi-Cultural Coalitions And Legalisms, Eamon P. Joyce
Whiteness (And Other Ness(Es)) As Property Revisited: A Response To Derrick Bell And A Vision For Multi-Cultural Coalitions And Legalisms, Eamon P. Joyce
University of Pennsylvania Journal of Law and Social Change
No abstract provided.