Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Privacy Law
Is Lawrence Libertarian?, Dale Carpenter
Is Lawrence Libertarian?, Dale Carpenter
Faculty Journal Articles and Book Chapters
The Supreme Court’s decision in Lawrence v. Texas is no doubt a shock to those pursuing an antihomosexual agenda. To most Americans, however, the decision is less an ipse dixit announcing radical social change than it is a belated recognition of what they had already learned about the humanity and dignity of gay people. Rather than radically changing constitutional principle, the Court has corrected its own erroneous understanding of the facts that underlay its application of constitutional principle in the past. Rather than leading the nation, the Court has caught up to it.
Part I of this essay lays out …
Introduction: Keeping Secrets, Dale Carpenter
Introduction: Keeping Secrets, Dale Carpenter
Faculty Journal Articles and Book Chapters
It has become a commonplace to say that September 11 changed everything. What the writer or speaker usually means by this is that Americans have re-calibrated their views on the relative importance of individual civil liberties and the common good. Like many other national traumas, September 11 may in historical hindsight be seen as a jolt that perhaps necessarily-but at any rate, temporarily-induced a retrenchment on rights.
But if the September-11-changed-everything idea overstates the significance of the event, it also understates the extent to which, at least in the area of privacy, some re-calibration of the balance between liberty and …