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A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
Scholarship@WashULaw
Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community. Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …
The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards
The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards
Scholarship@WashULaw
Most courts and scholarship assume that privacy and free speech are always in conflict, even though each of these traditions can be traced back to writings by Louis D. Brandeis – his 1890 Harvard Law Review article “The Right to Privacy” and his 1927 concurrence in Whitney v. California. How can modern notions of privacy and speech be so fundamentally opposed if Brandeis played a major role in crafting both? And how, if at all, did Brandeis recognize or address these tensions? These questions have been neglected by scholars of First Amendment law, privacy, and Brandeis. In this paper, I …