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Articles 31 - 33 of 33
Full-Text Articles in Law
Refined Comparativism In Constitutional Law, David Fontana
Refined Comparativism In Constitutional Law, David Fontana
GW Law Faculty Publications & Other Works
This Article considers the possible uses of comparative constitutional law in American constitutional interpretation. Surveying the debates about the uses of comparative constitutional law at the Founding, and tracing these debates to contemporary times by looking at the role of comparative constitutional law in the history of the U.S. Supreme Court, David Fontana suggests that a moderate, workable practice of using comparative constitutional law is consistent with the original intention of the Founders and has some precedent in the case law of the U.S. Supreme Court. This Article lays out a "refined comparativist" approach, whereby a court would consider comparative …
The Purposes Of Privacy: A Response, Jeffrey Rosen
The Purposes Of Privacy: A Response, Jeffrey Rosen
GW Law Faculty Publications & Other Works
In this essay, Jeffrey Rosen responds to eight articles about his recent book, The Unwanted Gaze, published as part of a special symposium issue of the Georgetown Law Journal. The eight contributors to the symposium were Professors Anita Allen, Julie Cohen, Rosa Ehrenreich, Lawrence Lessig, Sanford Levinson, Robert Post, Jed Rubenfeld and Nadine Strossen. Rosen defends his argument that privacy protects against the dangers of being judged out of context, insisting that invasions of privacy can lead to social misinterpretations that constitute an injury distinct from injuries to dignity or autonomy. He expands on his claim that some of the …
The Allure And Peril Of Genetic Exceptionalism: Do We Need Special Genetics Legislation?, Sonia M. Suter
The Allure And Peril Of Genetic Exceptionalism: Do We Need Special Genetics Legislation?, Sonia M. Suter
GW Law Faculty Publications & Other Works
Genetics discrimination has become a large concern among scholars, scientists, the media, and the public. In the rush to confront serious and legitimate concerns about potential abuses of genetic information, policy makers and commentators often fail to ask whether these concerns are unique. Most scholarship on genetics, explicitly or implicitly, adopts a "genetics exceptionalism" perspective, i.e., a view that genetic information is qualitatively different from other medical information and therefore raises unique social issues. This article challenges genetics exceptionalism and argues that protections against abuse of information should not be limited to genetic information, but should extend to other medical …