Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blame (1)
- Enemy combatants (1)
- Fourth Estate theory (1)
- Freedom of Information Act (1)
- Freedom of speech (1)
-
- Freedom of the press (1)
- Independent meaning thesis (1)
- Insanity (1)
- Journalism (1)
- Medical privacy (1)
- Mens rea (1)
- PATRIOT Act (1)
- Press clause (1)
- Punishment (1)
- Responsibility (1)
- Right to choose solitude or seclusion (1)
- Right to control health data disclosures (1)
- Speech clause (1)
- War on terror (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …
Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen
Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen
All Faculty Scholarship
“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,” Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional “Elephant Man,” “Wild Boy,” or pair of enterprising “Siamese Twins.” People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
All Faculty Scholarship
No abstract provided.
Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger
Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman
Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
All Faculty Scholarship
The paper argues that only the assumption that the Press Clause has a meaning independent of the Speech Clause could explain either different First Amendment treatment of individuals and the press or different First Amendment treatment of the press and other businesses. Suggesting an interpretation of the Press Clause as protecting the institutional integrity of the Fourth Estate, it then examines fifteen areas of law and finds that in each area the press receives different treatment – precisely the different treatment that the Fourth Estate theory predicts. Moreover, no area of law is found to be inconsistent with this independent …
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
All Faculty Scholarship
There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most …
A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii
A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
All Faculty Scholarship
No abstract provided.