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Full-Text Articles in Privacy Law
The Headscarf As Threat: A Comparison Of German And U.S. Legal Discourses, Robert A. Kahn
The Headscarf As Threat: A Comparison Of German And U.S. Legal Discourses, Robert A. Kahn
Vanderbilt Journal of Transnational Law
This Article compares how U.S. and German judges conceptualize the harm the headscarf poses to society. The examples are the 2003 Ludin case, in which the German Federal Constitutional Court held that the civil service, in the absence of state regulation, could not reject a woman from a civil service teaching position solely because she would not remove her headscarf while teaching, and State v. Freeman, in which a Florida court held that a woman could not pose for a driver's license photograph wearing a garment (the niqab) that covered all of her face except her eyes. While judges and …
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
Vanderbilt Journal of Transnational Law
Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …