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- DNA; DNA testing; Argentina; right to truth; right to privacy; civil war; litigation; identity; orphans; orphan (1)
- First Amendment; mask; mask wearing; Antifa; mask law doctrine; surveillance; free speech; free expression; law; policy (1)
- Privacy; right to privacy; civil rights; bodily autonomy; personal autonomy; abortion; reproductive justice; vaccine mandates; LGBTQ+; fundamental rights; constitutional law; Dobbs v. Jackson Women’s Health Organization; Roe v. Wade; Griswold v. Connecticut; Jacobsen v. Commonwealth of Massachusetts; compelling government interest; (1)
Articles 1 - 3 of 3
Full-Text Articles in Privacy Law
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Brooklyn Journal of International Law
During the Dirty War—a seven year repression by the Argentinian junta of political dissidents and alleged subversives—an estimated 500 babies were stolen from their mothers while imprisoned and given to leading military officials as "adopted" children. These children had their true identities erased and replaced with a false one covering up their true origins. This Note will explore Argentina's response to the Dirty War. Namely, it will consider the tension between the right to truth—an international right right often associated with enforced disappearances—and the right to privacy. In particular, it will consider cases in which adults resisted DNA testing to …
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …