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Full-Text Articles in Law
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
William & Mary Law Review
A person cannot consider information that she does not have. Unlawful discrimination, therefore, frequently requires discriminators to have knowledge about protected status. This Article exploits that simple reality, arguing that protecting privacy can prevent discrimination by restricting access to the very information discriminators use to discriminate. Although information related to many antidiscrimination categories, like race and sex, may be immediately apparent upon meeting a person, privacy law can still do significant work to prevent discrimination on the basis of less visible traits such as genetic information, age, national origin, ethnicity, and religion, as well as in cases of racial or …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …