The Right to Privacy and the Right to Use the Bathroom Consistent with One’s Gender Identity

Under hösten 2013 offentliggjorde den svenska regeringen att man vill investera i att bygga ut Stockholms tunnelbana. Denna utbyggnad innefattar nio nya stationer, Sofia på Södermalm är en av dessa stationer. På grund av platsens förutsättningar kommer stationen bli en av de djupaste i världen. Detta förslag utnyttjar dessa förutsättningar för att sammankoppla gatunivån med den underjordiska perrongen och ger den vardagliga upplevelsen av rymd, atmosfär, ljus och tomrum en central position. Förslaget innefattar ett hundra meter djupt schakt, två hisschakt, ett publikt torg park och tunnelbaneperrong. During the autumn of 2013 the Swedish government announced that they intend to invest in expanding the Stockholm Metro. The expansion includes nine new stations; Sofia on Södermalm is one of them. The conditions of the site make the station to one of the deepest in the world. This proposal makes use of these conditions to connect the street level and the underground platform level and give the everyday experience of space, atmosphere, light and void a central position. The proposal comprises a hundred meters deep shaft, two elevator shafts, a public square park and train platform.

Two Understandings of Supremacy: An Essay

Does the supremacy provision of Article VI of the U.S. Constitution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and that only constitutional officers of the United States, in keeping with their responsibilities to uphold the Constitution, can decide what is international law for the U.S. Such debates are not new to the history of the world. For much of world history, national rulers have claimed that their legal authority derives from some supreme source, be it: God, tradition, or, in more recent democratic times of which the Constitution is a part, the people

CYBER-SECURITY, PRIVACY, AND THE COVID-19 ATTENUATION?

Large-scale data brokers collect massive amounts of highly personal consumer information to be sold to whoever will pay their price, even at the expense of sacrificing individual privacy and autonomy in the process. In this Article, I will show how a proper understanding and justification for a right to privacy, in context to both protecting private acts and safeguarding information and states of affairs for the performance of such acts, provides a necessary background framework for imposing legal restrictions on such collections. This problem, which has already gained some attention in literature, now becomes even more worrisome, as government itself becomes a consumer of this information to fight off a domestic instantiation of the global Covid-19 pandemic. This Article proposes some definite ways in which the courts and Congress might limit both the private sector and the government’s use of such data to ensure individual autonomy will not be sacrificed

At the Intersection of Due Process and Equal Protection: Expanding the Range of Protected Interests

Are the Due Process and Equal Protection clauses interconnected? Justice Kennedy in Obergefell v. Hodges, the Supreme Court case holding the fundamental right to marry includes the right to a same-sex marriage, stated that they are profoundly connected in that each clause “may be instructive as to the meaning and reach of the other.” But exactly what instruction each doctrine might afford the other, Justice Kennedy did not say. An earlier Supreme Court decision, Plyler v. Doe, also suggested a connection, when the Court held unconstitutional a Texas statute baring funding for the education of undocumented children. But there too the Court never explained what the connection was or whether the two doctrines must always be understood as operating together. As a consequence, lower courts and the Supreme Court itself are left without much guidance when deciding future cases seeking to expand the range of protected interests. In his Article, Vincent Samar offers a solution to this problem by subsuming fundamental rights doctrine and Equal Protection analysis under a broader theory of the person, understood collectively, that utilizes personhood’s centrality of freedom and well-being to further clarify how the two doctrines operate together so as to aid the development of criteria for resolving future cases seeking to expand the range of protected interests

Identifying Super-precedents in an Era of Human Rights

This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria. It then mentions the various precedents that have been afforded this august title and suggests the need for an additional criterion to ensure the continued protection of those precedents most closely associated with the protection of human rights. Finally, the article identifies three additional precedents, beyond those usually recognized, that ought to be ranked super-precedents and provides a basis for ranking all precedents, grounded in autonomy, when they either conflict with one another or encounter a compelling state interest

Privacy and Same-Sex Marriage: The Case for Treating Same-Sex Marriage as a Human Right

Same-Sex Marriage as a Human Righ