Law Commons^™

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …

July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Greatest Column Ross Douthat Ever Wrote“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero

Washington Law Review

The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …

The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz

University of Miami Inter-American Law Review

No abstract provided.

Constitutional Regulations Of Liberties And Fundamental Right S

UAEU Law Journal

Human rights has been safeguarded through several means (e.g. political, judicial, legal). Constitution is one of the legal means to establish and protect basic human rights. A constitution lay down between an external party ( i.e. international covenants ) and an internal party ( i.e. national legislation ). It is important, therefore, to demonstrate the links among the three parties.

The prime question of this article is : what is the role of the constitution in regulating and safeguarding liberties and fundamental rights ? It will discuss this issue with especial reference to the practice in the Arab Countries.

The …

Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry

Faculty Articles

My overarching aim in the Article is to defend a particular understanding of two constitutional rights and, relatedly, a particular resolution of two constitutional controversies. The two rights I discuss are among the most important rights protected by the constitutional law of the United States: the right to equal protection and the right of privacy. As I explain in the Article, the constitutional right to equal protection is, at its core, the human right to moral equality, and the constitutional right to privacy is best understood as a version of the human right to moral freedom. The two controversies I …