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Articles 1 - 27 of 27
Full-Text Articles in Law
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Women, Leadership & Equality
No abstract provided.
Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin
Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Sexual Privacy, Danielle Keats Citron
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese
Maryland Law Review Online
No abstract provided.
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin
Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
Maryland Law Review Online
No abstract provided.
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Faculty Scholarship
No abstract provided.
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
Faculty Scholarship
No abstract provided.
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks
Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks
Faculty Scholarship
Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Faculty Scholarship
No abstract provided.
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Women, Leadership & Equality
The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician’s First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale
Faculty Scholarship
On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe.
The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
Toward Flawlessness, Peter E. Quint
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Faculty Scholarship
Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
Faculty Scholarship
Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.
This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …
Generally Applicable Laws And The First Amendment, David S. Bogen
Generally Applicable Laws And The First Amendment, David S. Bogen
Faculty Scholarship
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Faculty Scholarship
No abstract provided.
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
Faculty Scholarship
No abstract provided.
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
Faculty Scholarship
No abstract provided.