Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (3)
- Jurisprudence (3)
- Legislation (2)
- Public Law and Legal Theory (2)
- Business (1)
-
- Intellectual Property Law (1)
- Judges (1)
- Labor Relations (1)
- Labor and Employment Law (1)
- Law and Politics (1)
- Legal History (1)
- Privacy Law (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Religion Law (1)
- Social and Behavioral Sciences (1)
- Supreme Court of the United States (1)
- Torts (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Unavoidability In U.S. Privacy Law, Laura M. Moy
Unavoidability In U.S. Privacy Law, Laura M. Moy
Georgetown Law Faculty Publications and Other Works
Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.
But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.
These cases raise important questions about …
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
The aim of this article is to recover and reevaluate the American tradition of constitutional skepticism. Part I consists of a brief history of skepticism running from before the founding to the modern period. My aim here is not to provide anything like a complete description of the historical actors, texts, and events that I discuss. Instead, I link together familiar episodes and arguments that stretch across our history so as to demonstrate that they are part of a common narrative that has been crucial to our self-identity. Part II disentangles the various strands of skeptical argument. I argue that …
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
It is hard to foresee much happiness in the lot of those seeking the original meaning of the Religion Clauses. We may acknowledge the opacity of the historical record, the variety of viewpoints held by founders forgotten and non-forgotten, the humanness of the founders who did not always practice what they preached, even the basic indeterminancy of language; still, we are seduced by the siren song of interpretive certainty. But the search for greater clarity is not without its payoff. As the three books under review here illustrate, the more we look for answers in the historical record, the more …
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Roscoe Pound, Melvin Belli, And The Personal-Injury Bar: The Tale Of An Odd Coupling, Joseph A. Page
Roscoe Pound, Melvin Belli, And The Personal-Injury Bar: The Tale Of An Odd Coupling, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
In the fourth chapter of Patriots and Cosmopolitans: Hidden Histories of American Law, legal historian John Fabian Witt tells the story of a collaboration between storied scholar Roscoe Pound and trial virtuoso Melvin M. Belli, which he calls "among the most startling and yet unremarked-upon relationships in the annals of American law." Witt argues that it both shaped and energized the efforts of personal-injury lawyers to oppose proposals that would shift to the administrative branch of government responsibility for compensating auto-accident victims. Entitled "The King and the Dean," in reference to the media's coronation of Belli as the "King of …