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Theory Versus Practice

History Says That Practice Makes Perfect (And That Judges Are Better Too)

Scott Merriman

Theory argues that rights-based judicial review fails because it does not have popular support. However, examining actual events in battles over freedom of speech, privacy and civil rights demonstrates that this theory often fails when applied. Those arrested during the First World War in America often only received redress through administrative agencies. Civil rights protestors' experiences prove that the federal courts were the only ones generally to protect their rights, and that the legislatures failed to act. Similarly, judicial review increased the freedom of the press during the 1960s, which in turn boosted the civil rights movement. Finally, it was the courts which helped Americans to realize their right to privacy. Included in that right to privacy was the right for people to marry regardless of their race. Overall, courts and administrative agencies, particularly at the federal level, do a better job at protecting rights than legislatures.

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Deleuze's Postscript on the Societies of Control

Updated for Big Data and Predictive Analytics

James Brusseau

opportunity. We are all together in the interminable market, though each of us has our own trajectory, and next purchase to make. The final update for living in a control society involves privacy, defined as individuals having the power to regulate access to

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French Color Blindness in Perspective

The Controversy over "Statistiques Ethniques"

Daniel Sabbagh and Shanny Peer

In the United States, while some race-based policies such as affirmative action have faced often successful political and legal challenges over the last quartercentury, historically, the very principle of official racial classification has met with much less resistance. The Equal Protection Clause of the Constitution’s Fourteenth Amendment, according to which “no state shall deny to any person within its jurisdiction the equal protection of the laws,” was not originally intended to incorporate a general rule of “color blindness.” And when in California, in 2003, the “Racial Privacy Initiative” led to a referendum on a measure—Proposition 54—demanding that “the state shall not classify any individual by race, ethnicity, color or national origin,” this restriction was meant to apply exclusively to the operation of public education, public contracting or public employment, that is, the three sites where affirmative action was once in effect and might be reinstated at some point, or so the proponents of that initiative feared. In any case, that measure was roundly defeated at the polls.

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Vincent Pons

This view is expressed by Archon Fung, 19 May 2014, Boston Review , bostonreview.net/forum/saving-privacy/archon-fung-response-saving-privacy">http://www.bostonreview.net/forum/saving-privacy/archon-fung-response-saving-privacy">bostonreview.net/forum/saving-privacy/archon-fung-response-saving-privacy

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Disruptive Technology

Social Media from Modiano to Zola and Proust

Elizabeth Emery

innovations in news reporting, from telegrams to lithographs to photographic reproduction, were quickly emulated in France. 12 The interview, for example, was an American import of the 1870s, criticized as a violation of privacy since writers were interviewed

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Janet Elise Johnson and Mara Lazda

of resistance to communism and was the often-beloved place of privacy, trust, and survival. Nor could they use the old language of communist “emancipation,” because many remembered those old solutions to “the woman question” as crudely instrumental

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Rochelle Goldberg Ruthchild

ambivalent role of the parental home. Housing is an especially vexed subject. Shortage of living space is a Soviet legacy. Most city dwellers live in high-rise apartment blocks, in cramped apartments with little privacy. As the author notes, the “parental

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The Alternative for Germany from Breakthrough toward Consolidation?

A Comparative Perspective on Its Organizational Development

E. Gene Frankland

to the internet and privacy issues. The AfD rose in opposition to the established parties’ support of the Eurozone, but soon broadened its focus to immigration and social conservative issues. The founders of both parties favored more direct democracy

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A Gloomy Carnival of Freedom

Sex, Gender, and Emotions among Polish Displaced Person in the Aftermath of World War II

Katarzyna Nowak

concerning privacy and intimacy was as follows: “a huge empty room spread out in front of our eyes, there was a pile of mattresses in the corner, mostly made of straw … There were many people and few mattresses. So it was necessary to share a mattress and

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Jeffrey Luppes, Klaus Berghahn, Meredith Heiser-Duron, Sara Jones, and Marcus Colla

Lawinky, Karlheinz Schädlich, Kerstin Kaiser. In the first of these chapters, Espindola explores the conflict between public exposures and privacy laws. Here, respect for the victims conflicts with the right to reputational integrity of the former