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Full-Text Articles in Law

The Ecology Of Transparency Reloaded, Seth F. Kreimer Jan 2018

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship at Penn Law

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen Mar 2012

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


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 ...


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin Jan 1998

"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin Jan 1997

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin Jan 1994

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin Jan 1994

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill Jul 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

Faculty Scholarship at Penn Law

No abstract provided.


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

Faculty Scholarship at Penn Law

No abstract provided.