Lochner, Lawrence, and Liberty

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation. Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor. This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. The context explored in this article for this new paradigm is the area of gay rights to family. Thus, this article will begin in Part I by presenting a survey of the primary encroachments on the liberty of gay people to enter into formal arrangements to create a family. Part II of this article will discuss the Lochner decision and develop its potential for renewed application. Part II will also discuss the philosophy and history that led up to that decision and certain other decisions from that era. Finally, Part II will present critical analyses of the downfall of Lochner and its analytical framework. The goal of this part is to explain the meaning of the Lochnerian liberty of contract interest. Part III will explain that many of the traditional criticisms of Lochner are unfounded and are currently being re-considered by scholars. Part III will admit to certain shortcomings of the traditional Lochner framework but will set forth more fully the modification to that framework outlined briefly a bove, making the framework more balanced and appropriate for use by modern courts. Part III will then apply that approach to gay rights to family, hypothesizing the results in each of the three main areas under inquiry here: rights to marry, adopt, and enter into surrogacy arrangements. Finally, this article will conclude in part with a summary of what has been considered. It will then make some final remarks about the potential usefulness of a modified Lochnerian approach to liberty of contract, and thus to liberty itself

Simplifying the Foreign Sovereign Immunities Act: If a Sovereign Acts like a Private Party, Treat It like One

This Article will begin in Section II by giving an overview of the development and structure of the FSIA. Section II will explain how the United States moved from its position in the nineteenth century of absolute sovereign immunity to the more appropriate restrictive theory of immunity that is embodied in the FSIA. Section III will then explain in detail why the current framework of the commercial activities exception to the FSIA is problematic. In this Section, the leading cases that have attempted to interpret the commercial activities exception to the FSIA will be analyzed. Finally, Section IV will present and support an argument for an alternative structure to the commercial activities exception of the FSIA, a more rational approach that simply treats a foreign sovereign like a private party when and if it acts like one. While the alternative structure could and should be introduced by way of a statutory amendment to the FSIA, this Article will also argue that pending such an amendment, courts should interpret the language of the current FSIA in a way that leads to the same results

Lochner, Lawrence, and Liberty

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation. Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor. This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. The context explored in this article for this new paradigm is the area of gay rights to family. Thus, this article will begin in Part I by presenting a survey of the primary encroachments on the liberty of gay people to enter into formal arrangements to create a family. Part II of this article will discuss the Lochner decision and develop its potential for renewed application. Part II will also discuss the philosophy and history that led up to that decision and certain other decisions from that era. Finally, Part II will present critical analyses of the downfall of Lochner and its analytical framework. The goal of this part is to explain the meaning of the Lochnerian liberty of contract interest. Part III will explain that many of the traditional criticisms of Lochner are unfounded and are currently being re-considered by scholars. Part III will admit to certain shortcomings of the traditional Lochner framework but will set forth more fully the modification to that framework outlined briefly a bove, making the framework more balanced and appropriate for use by modern courts. Part III will then apply that approach to gay rights to family, hypothesizing the results in each of the three main areas under inquiry here: rights to marry, adopt, and enter into surrogacy arrangements. Finally, this article will conclude in part with a summary of what has been considered. It will then make some final remarks about the potential usefulness of a modified Lochnerian approach to liberty of contract, and thus to liberty itself

Extension and hardware implementation of the comprehensive integrated security system concept

Merged with duplicate record (10026.1/700) on 03.01.2017 by CS (TIS)This is a digitised version of a thesis that was deposited in the University Library. If you are the author please contact PEARL Admin ([email protected]) to discuss options.The current strategy to computer networking is to increase the accessibility that legitimate users have to their respective systems and to distribute functionality. This creates a more efficient working environment, users may work from home, organisations can make better use of their computing power. Unfortunately, a side effect of opening up computer systems and placing them on potentially global networks is that they face increased threats from uncontrolled access points, and from eavesdroppers listening to the data communicated between systems. Along with these increased threats the traditional ones such as disgruntled employees, malicious software, and accidental damage must still be countered. A comprehensive integrated security system ( CISS ) has been developed to provide security within the Open Systems Interconnection (OSI) and Open Distributed Processing (ODP) environments. The research described in this thesis investigates alternative methods for its implementation and its optimisation through partial implementation within hardware and software and the investigation of mechanismsto improve its security. A new deployment strategy for CISS is described where functionality is divided amongst computing platforms of increasing capability within a security domain. Definitions are given of a: local security unit, that provides terminal security; local security servers that serve the local security units and domain management centres that provide security service coordination within a domain. New hardware that provides RSA and DES functionality capable of being connected to Sun microsystems is detailed. The board can be used as a basic building block of CISS, providing fast cryptographic facilities, or in isolation for discrete cryptographic services. Software written for UNIX in C/C++ is described, which provides optimised security mechanisms on computer systems that do not have SBus connectivity. A new identification/authentication mechanism is investigated that can be added to existing systems with the potential for extension into a real time supervision scenario. The mechanism uses keystroke analysis through the application of neural networks and genetic algorithms and has produced very encouraging results. Finally, a new conceptual model for intrusion detection capable of dealing with real time and historical evaluation is discussed, which further enhances the CISS concept

Evaluating the effectiveness of psychological preparedness advice in community cyclone preparedness materials

This paper addresses the case of tropical cyclone warnings in Northern Australia and briefly outlines the nature, logic, and findings of a psychological preparedness intervention trailed in Cairns, Queensland, during the 1996/1997cyclone season. The aim of the research was to trial, evaluate and refine an innovative natural disaster public education and warning communication intervention focusing on tropical cyclone preparedness and response. This risk communication intervention involved the dissemination of selected psychological information designed to enable individuals to better cope with themselves and others in an increasingly threatening situation. The psycho-educational content material incorporated was derived from ‘Stress Inoculation Theory’ (Meichenbaum, 1985; 1994; Meichenbaum and Deffenbacher, 1988). The research found that the pre-cyclone season period is a critically important time and venue for prevention and mitigation, and that psychological factors and processes during this threat period are of singular importance to effective coping and adaptive responding. The research also clearly indicated that there are a substantial number of residents in cyclone-prone communities for whom chronic anxiety, avoidant coping styles, and prior traumatic experience constitute both a substantial vulnerability factor and a genuine impediment to psychological and physical preparedness