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Full-Text Articles in Law
The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner
The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner
GW Law Faculty Publications & Other Works
This article examines popular dissatisfaction with the proportionality standard in self-defense law, which holds that the prevention of harm cannot be achieved by causing harm that is disproportionate. Legal elites, such as prosecutors, judges, and legal scholars, have long championed versions of this standard. But there is an increasingly widespread movement in the United States and Europe to modify elite notions of proportionality.
Common to these movements is the desire to replace complicated balancing tests with clearer rules, which would limit the discretion of prosecutors and judges, and to permit use of deadly force against attackers in more situations. Fueling …
Privacy's Other Path: Recovering The Law Of Confidentiality, Daniel J. Solove, Neil M. Richards
Privacy's Other Path: Recovering The Law Of Confidentiality, Daniel J. Solove, Neil M. Richards
GW Law Faculty Publications & Other Works
The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …