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Full-Text Articles in Law
Privacy Law In The New Millennium: A Tribute To Richard C. Turkington, Gregory P. Magarian
Privacy Law In The New Millennium: A Tribute To Richard C. Turkington, Gregory P. Magarian
Scholarship@WashULaw
At least since Louis Brandeis and Samuel Warren's seminal 1890 article "The Right to Privacy,"' the idea of privacy has sparked some of the most significant and contentious debates in American law. Over the past three decades, Richard Turkington focused his formidable intellect on enriching those debates. Dick's untimely passing in 2004 deprived those of us who knew and worked with him of a treasured friend and a brilliant colleague. The broader legal profession lost a visionary. Probably more than any other scholar of his generation, Dick was responsible for expanding and deepening our understanding of the essential, sometimes elusive, …
The Adventure(S) Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Adrienne D. Davis, Robert S. Chang
The Adventure(S) Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Adrienne D. Davis, Robert S. Chang
Scholarship@WashULaw
Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around critical race theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism ("CRF") and its future. The authors use the epistolary form as a literary device to allow them to collaborate on this project while maintaining their own voices. Thus, the letters are not dated. The letters pay particular attention to various border crossings: male attempts to engage in feminist literary criticism, white attempts …
The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian
The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian
Scholarship@WashULaw
In his three decades on the Supreme Court, Justice John Paul Stevens has developed a distinctive approach to the First Amendment. During his tenure, the Court's majority has crystallized a theory of First Amendment speech protection as an abstract, negative protection of individual autonomy against government interference. In contrast, Justice Stevens' pragmatic judicial methodology has caused him to place greater emphasis on free speech decisions' practical consequences, particularly their effectiveness in making democratic debate inclusive as to both participants and subject matter in order to ensure robust, well-informed public discourse. Alone on the present Court, Justice Stevens manifests a deep …
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Scholarship@WashULaw
Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron's approach. In this article, Professor Magarian defends Barron's case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …