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Full-Text Articles in Law

Enforcement Of The Reconstruction Amendments, Alexander Tsesis Apr 2021

Enforcement Of The Reconstruction Amendments, Alexander Tsesis

Washington and Lee Law Review

This Article analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.

Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme Court ...


The Effects Of National Security On Supreme Court Case Decisions Involving Civil Liberties, Callie Gerzanics Jan 2021

The Effects Of National Security On Supreme Court Case Decisions Involving Civil Liberties, Callie Gerzanics

Williams Honors College, Honors Research Projects

This research project will analyze the effects that national security laws and tensions have on civil liberties and Supreme Court case decisions. National security has been a primary objective for the United States of America for as long as wars have been fought and enemies have been made. National security continues to be a concern for the U.S. government, especially with the prominence of technology that has made the U.S. more vulnerable to breaches in security, such as cybernetic attacks. The motivations behind this project stem from a concern of how national security can influence Supreme Court decisions ...


Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro Jan 2021

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.


My Friend, Charles Reich, Hon. Guido Calabresi Jan 2021

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina May 2020

Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina

Centre for AI & Data Governance

As the COVID-19 health pandemic ebbs and flows world-wide, governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have capacity to amass and share personal data for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside times of real and present personal danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission (provided that the technology ...


Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai Jan 2020

Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai

Faculty Scholarship at Penn Law

Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to ...


The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman Jan 2020

The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman

Articles

In the traditional approach to ideological classification, “liberal” judicial decisions are those that support civil liberties claims; “conservative” decisions are those that reject them. That view – particularly associated with the Warren Court era – is reflected in numerous academic writings and even an article by a prominent liberal judge. Today, however, there is mounting evidence that the traditional assumptions about the liberal-conservative divide are incorrect or at best incomplete. In at least some areas of constitutional law, the traditional characterizations have been reversed. Across a wide variety of constitutional issues, support for claims under the Bill of Rights or the Reconstruction ...


Coronavirus, Civil Libertities, And The Courts: The Case Against Suspending Judicial Review, Lindsay Wiley Jan 2020

Coronavirus, Civil Libertities, And The Courts: The Case Against Suspending Judicial Review, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Introduction: For obvious reasons, local and state orders designed to help “flatten the curve” of novel coronavirus infections (and conserve health care capacity to treat coronavirus disease) have provoked a series of constitutional objections — and a growing number of lawsuits attempting to have those orders modified or overturned. Like the coronavirus crisis itself, much of that litigation remains ongoing as we write this Essay. But even in these early days, the emerging body of case law has rather elegantly teed up what we have previously described as “the central (and long-running) normative debate over emergency powers: Should constitutional constraints on ...


“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg Jan 2019

“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg

FIU Law Review

No abstract provided.


Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With A Search For The Organization’S Conceptual Founding, Patrick C. Brayer Jan 2019

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With A Search For The Organization’S Conceptual Founding, Patrick C. Brayer

Washington University Journal of Law & Policy

This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the ...


Reds Among The Cream And Crimson, Kelly Kish Jan 2019

Reds Among The Cream And Crimson, Kelly Kish

Historic Documents

What happened when three IU law professors were accused of harboring Communist sympathies in 1946.

Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.


Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland Jan 2017

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.


Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein Jan 2017

Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein

Touro Law Review

No abstract provided.


Landowners' Fcc Dilemma: Rereading The Supreme Court's Armstrong Opinion After The Third Circuit's Depolo Ruling, Gerald S. Dickinson Jan 2017

Landowners' Fcc Dilemma: Rereading The Supreme Court's Armstrong Opinion After The Third Circuit's Depolo Ruling, Gerald S. Dickinson

Articles

In Armstrong v. Exceptional Child Ctr., Inc., the Supreme Court took a turn in its refusal to provide avenues for relief to private actors against the state in federal court, finding that the Supremacy Clause does not provide for an implied right of action to sue to enjoin unconstitutional actions by state officers. Many critics of that decision, including the four dissenting Justices, question the wisdom of the ruling generally. However, from a property rights perspective, the decision sheds light on a dilemma unforeseen by many scholars and made most apparent by a recent Third Circuit decision, Jeffrey DePolo v ...


Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen Dec 2016

Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen

Faculty Scholarship at Penn Law

Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply ...


Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber Dec 2016

Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber

Brooklyn Law Review

No abstract provided.


At War With Civil Rights And Civil Liberties, Thomas E. Baker Feb 2016

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Thomas E. Baker

No abstract provided.


Hate Speech And Double Standards, Thomas M. Keck Jan 2016

Hate Speech And Double Standards, Thomas M. Keck

Political Science

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands ...


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Secret Jurisdiction, Cassandra Burke Robertson, Irina D. Manta Jan 2016

Secret Jurisdiction, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

So-called “confidentiality creep” after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The executive branch’s procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call “secret jurisdiction,” in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their ...


To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford Jan 2016

To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford

Honors Undergraduate Theses

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions ...


The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon Jan 2016

The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon

Scholarly Works

Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter. Yet in spite of these statutes, most psychiatrists and courts will not commit an individual until they are found to pose a danger to themselves or others. All people have certain rights to be free from unwanted medical treatment, but for people with serious mental illness, those civil liberties are an abstraction, safeguarded for them by a system that is not otherwise ensuring access to shelter and ...


The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders Jan 2016

The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders

Walden Dissertations and Doctoral Studies

Currently, Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the Fourth Amendment of the U.S. Constitution. Using punctuated equilibrium as the theoretical foundation, the purpose of this case study was to explore the dialogue and legal exchanges between the American Civil Liberties Union and the Department ...


Privacy-Privacy Tradeoffs, David Pozen Jan 2016

Privacy-Privacy Tradeoffs, David Pozen

Faculty Scholarship

Legal and policy debates about privacy revolve around conflicts between privacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a "privacy-privacy tradeoff" arises.

This Essay introduces the phenomenon of privacy-privacy tradeoffs, with particular attention to their role in National Security Agency (NSA) surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA's defenders appeal not only to a national security need but also to a privacy-privacy tradeoff. An appreciation of ...


Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum Oct 2015

Dignifying Madness: Rethinking Commitment Law In An Age Of Mass Incarceration, Jonathan Simon, Stephen A. Rosenbaum

University of Miami Law Review

Modern nation-states have been trapped in recurring cycles of incarcerating and emancipating residents with psychiatric disabilities. New cycles of enthusiasm for incarceration generally commence with well-defined claims about the evils of allowing “the mad” to remain at liberty and the benefits incarceration would bring to the afflicted. A generation or two later, at most, reports of terrible conditions in institutions circulate and new laws follow, setting high burdens for those seeking to imprison and demanding exacting legal procedures with an emphasis on individual civil liberties. Today, we seem to be arriving at another turn in the familiar cycle. A growing ...


Justice Blackmun And Criminal Justice: A Modest Overview, Stephen L. Wasby Jul 2015

Justice Blackmun And Criminal Justice: A Modest Overview, Stephen L. Wasby

Akron Law Review

Justice Harry A. Blackmun was nominated for a position on the Supreme Court in 1970 by President Richard M. Nixon after the Senate rejected Nixon's nominations of Judges Clement Haynsworth and G. Harrold Carswell. Blackmun, as a judge of the U.S. Court of Appeals for the Eighth Circuit for eleven years, had written opinions that reflected "judicial restraint, an appreciation for the limits of judicial authority and deference to state and legislative prerogatives" as well as conservatism on defendants' rights and civil liberties issues. These strains of thought made him attractive to a president looking for someone supporting ...


Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero May 2015

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Victor C. Romero

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in ...


The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero May 2015

The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero

Victor C. Romero

Victor Romero contributed the following encyclopedia entries: "Civil Liberties of Aliens"; "Race and Immigration"; "Criminal Law/Civil Liberties and Noncitizens in the U.S."; "Illegitimacy and Immigration"; "Homosexuality and Immigration"; "Ambach v. Norwick"; "United States v. Verdugo-Urquidez"; "Fiallo v. Bell"; "INS v,. Chadha"; and "In re Griffiths."

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties.

- From the Publisher


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley Apr 2015

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Salus Populi Suprema Lex Esto: Balancing Civil Liberties And Public Health Interventions In Modern Vaccination Policy, Phoebe E. Arde-Acquah Jan 2015

Salus Populi Suprema Lex Esto: Balancing Civil Liberties And Public Health Interventions In Modern Vaccination Policy, Phoebe E. Arde-Acquah

Washington University Jurisprudence Review

Vaccine policy still stirs up similar contentions and controversial sentiments today as it did in 1905 due to the enduring tension between public health interventions and individual liberties, between the rights of the individual and the claims of the collective. This Note considers the rationale for granting vaccine exemptions in one case, but withholding them in another; why one court gives substantial deference to state power regarding vaccination, and another demonstrates considerable regard for civil liberties in vaccine policy.

It has been suggested that pragmatism and political acuity, rather than a doctrinal adherence to epidemiological theory or ethical principles has ...