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Full-Text Articles in Law

Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen Oct 2010

Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen

Faculty Scholarship at Penn Law

In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes ...


Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen Sep 2010

Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen

Faculty Scholarship at Penn Law

U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on ...


Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis Jan 2010

Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

No abstract provided.


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee Jan 2010

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.