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Privacy Torts: Unreliable Remedies for LGBT Plaintiffs

Allen, Anita

California Law Review, Dec 2010, Vol.98(6), p.1711 [Tạp chí có phản biện]

ISSN: 00081221

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  • Nhan đề:
    Privacy Torts: Unreliable Remedies for LGBT Plaintiffs
  • Tác giả: Allen, Anita
  • Chủ đề: United States–Us ; Right of Privacy ; Gays & Lesbians ; Transgender Persons ; Personal Relationships ; Torts ; United States ; Litigation
  • Là 1 phần của: California Law Review, Dec 2010, Vol.98(6), p.1711
  • Mô tả: Lesbian, gay, bisexual and transgender Americans have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appeal to the right to privacy. In the constitutional arena they have experienced noteworthy success, winning rights to same-sex intimacy and, in some states, marriage. Several authors have argued that the privacy tort is a potentially useful remedy for LGBT plaintiffs. Yet the theoretically useful remedy has often been a practical disappointment. In this article I maintain that the theoretically promising invasion of privacy torts have too often been practical disappointments for LGBT plaintiffs in the courts. To provide real, consistent remedies for LGBT plaintiffs, courts need to refashion their understandings of how critical elements of privacy torts can be met and withstand defenses. The evidence of about two dozen published opinions from post-1960 cases tentatively supports three main conclusions about the efficacy of privacy tort remedies: (1) the invasion of privacy tort has not been especially useful to LGBT plaintiffs seeking monetary and injunctive relief; (2) the invasion of privacy tort does not reliably protect the complex interest LGBT plaintiffs understandably assert in what I term "selective disclosure"; and (3) the LGBT population's historic quest for equality and inclusion potentially undercut the practical utility of the invasion of privacy tort, as courts may fail to understand why privacy protection is warranted unless there is stigma and discrimination associated with LGBT status. [PUBLICATION ]
  • Ngôn ngữ: English
  • Số nhận dạng: ISSN: 00081221

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