Law Commons^™

The Right To Be And Become: Black Home-Educators As Child Privacy Protectors, Najarian R. Peters

Michigan Journal of Race and Law

The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not exclusively meant to protect one’s body or physical property. Privacy rights were protective of “the products and the processes of the mind” and the “inviolate personality.” Privacy was further understood to protect the ability to “live one’s life as one chooses, free from assault, intrusion or …

Hogan V. Gawker: A Leg-Drop On The First Amendment, Aubrey Morin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Violating Victims’ Right To Privacy And Personal Autonomy Under Virginia’S New Mandatory Reporting Requirements, Anne P. Steel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase …

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …

The Shot Heard Around The Lgbt World: Bowers V Hardwick As A Mobilizing Force For The National Gay And Lesbian Task Force, Elizabeth Sheyn

Journal of Race, Gender, and Ethnicity

No abstract provided.

Same-Sex Marriage In New York, Lewis A. Silverman

Journal of Race, Gender, and Ethnicity

No abstract provided.

Looking Back On Planned Parenthood V. Casey, Christina B. Whitman

Articles

Scholarship that tells us what is really at stake in the lives of people affected makes the law honest and responsive. Whether or not it directly shapes doctrine, this type of scholarship can capture imagination and influence judgment. The Michigan Law Review has published some of the best of this work: Yale Kamisar's articles on coerced confessions, Terry Sandalow's essay on affirmative action, Joe Sax and Phillip Hiestand's description of the emotional impact of living in a slum, Martha Chamallas and Linda Kerber's demonstration of how injuries that uniquely befall women have been dismissed as merely emotional wrongs, and, most …

Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton

Oklahoma Law Review

No abstract provided.

The Countermajoritarian Paradox, Neal Davis

Michigan Law Review

A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow

The Poverty Of Privacy?, Linda C. Mcclain

Faculty Scholarship

This Article has two aims. First, it defends a continuing role for the right of privacy in arguments -for women's reproductive freedom against charges that privacy is an impoverished concept. Second, it raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities. As this Article was first presented at a conference, "Reproductive Issues in a Post-Roe' World," held in the wake of Webster v. Reproductive Health Services,2 the first question is: Are we now, given the Supreme Court's recent decision in Planned Parenthood v. Casey,' in a "post-Roe world"? Furthermore, what remains …

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade