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Constitutional Law

Civil liberties

Georgetown Law Faculty Publications and Other Works

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

A Thought Experiment, Louis Michael Seidman Jan 2013

A Thought Experiment, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Herewith, Justice Antonin Scalia's long lost dissenting opinion in Brown v. Board of Education.


The Perilous Dialogue, Laura K. Donohue Apr 2009

The Perilous Dialogue, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in America differs from what it means in …


In Case Of Emergency, David Cole Jul 2006

In Case Of Emergency, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin Jan 1988

A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …