Law Commons^™

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo

Faculty Publications

This article addresses an alarming new development in the recent trend toward blaming parents for their children's unlawful acts: an Illinois criminal statute that holds parents accountable for the consensual sexual activities of their children. Although laws creating criminal parental responsibility are not new, teenage sexuality is not part of the usual repertoire of juvenile acts that parental responsibility laws have previously sought to deter. The State of Illinois is the sole pioneer in this yet uncharted territory, breaking new ground for the parental responsibility movement and transporting parental liability to new heights.

Other states may view the Illinois statute …

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku

Faculty Publications

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Faculty Publications

An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …