Pornography And Gender Inequality—Using Copyright Law As A Step Forward,
2018
William & Mary Law School
Pornography And Gender Inequality—Using Copyright Law As A Step Forward, Kayla Louis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Three Approaches To Freedom Of Speech,
2018
Indiana University Robert H. McKinney School of Law
Three Approaches To Freedom Of Speech, R. George Wright
Et Cetera
Although it is proper to classify many free speech writers as first rate, it is possible that the age in which they write inhibits the production of genuinely great work with a genuinely common goal. With this in mind, we must look at whether there is free speech protection for nonrepresentational art, instrumental music, and nonsense under the Court’s case law. The underlying problem for today’s free speech theorists is no doubt multifaceted. But one important aspect thereof may involve our collective poring over the glittering remnants of a shattered mirror, even as our understandings of the possible uses of …
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.
Sexual Privacy,
2018
University of Maryland School of Law
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
Table Of Contents,
2018
The Catholic University of America, Columbus School of Law
Table Of Contents, Editor In Chief
Catholic University Journal of Law and Technology
No abstract provided.
Assessing Assisted Reproductive Technology,
2018
The Catholic University of America, Columbus School of Law
Assessing Assisted Reproductive Technology, Raymond C. O'Brien
Catholic University Journal of Law and Technology
Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …
Privacy Of Information And Dna Testing Kits,
2018
Catholic University of America (Student)
Privacy Of Information And Dna Testing Kits, Shanna Raye Mason
Catholic University Journal of Law and Technology
In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …
Masthead,
2018
The Catholic University of America, Columbus School of Law
Masthead, Editor In Chief
Catholic University Journal of Law and Technology
No abstract provided.
The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?,
2018
The Catholic University of America, Columbus School of Law
The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick
Catholic University Journal of Law and Technology
Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not,
2018
Linfield College
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
Faculty Publications
In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …
Michigan's Religious Exemption For Faith-Based Adoption Agencies: State-Sanctioned Discrimination Or Guardian Of Religious Liberty?,
2018
Notre Dame Law School
Michigan's Religious Exemption For Faith-Based Adoption Agencies: State-Sanctioned Discrimination Or Guardian Of Religious Liberty?, Allison L. Mcqueen
Notre Dame Law Review
Historically, most of the legal obstacles faced by gay couples hoping to expand their families through adoption stemmed from prohibitions on marriage. That was until Obergefell. Barriers to same-sex adoption have been steadily falling over the past decade, and, in the wake of the Supreme Court’s decision, married couples are now able to adopt in every state. However, there remains one pressing barrier to adoption for same-sex couples: “conscience clause” adoption laws enacted to allow faith-based adoption agencies to turn away prospective parents whose sexuality conflicts with their “sincerely held religious beliefs.” Though Ms. DeBoer and Ms. Rowse successfully broke …
The Growing Gender/Religion Divide,
2018
Marquette University Law School
The Growing Gender/Religion Divide, Marcia L. Mccormick
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness,
2018
Tulane University Law School
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
American University Law Review
No abstract provided.
2017 Trademark Law Decisions Of The Federal Circuit,
2018
American University Washington College of Law
2017 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
American University Law Review
No abstract provided.
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality,
2018
American University Washington College of Law
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
Criminal Law Practitioner
No abstract provided.
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions,
2018
The Catholic University of America, Columbus School of Law
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Mark L. Rienzi
Scholarly Articles
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme …
The Ongoing Challenge To Define Free Speech,
2018
American University Washington College of Law
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences,
2018
Benjamin N. Cardozo School of Law
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Cardozo Law Review de•novo
This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.
Thwarting Speech On College Campuses,
2018
American University Washington College of Law
Thwarting Speech On College Campuses, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders,
2018
American University Washington College of Law
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
