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- Hiram Melendez-Juarbe, Privacy in Puerto Rico and the Madman's Plight: Decisions.The notion that individuals have the right to define their identities, as fickle as those identities may be, is an important constitutional value that, among others, is embraced by our constitutional system. Through many different mechanisms we shape our identities and select how to project them. Those identity-formation tools include decisions we make regarding the way we choose to live our lives in fundamental matters. One important constitutional hook on which this value hangs, in U.S. and Puerto Rico Constitutional Law, is decisionmaking privacy. The article considers how identity-definition in Puerto Rico and United States constitutional law may be used to bolster legal and political claims in contexts such as intimate sexual relations, same-sex marriage and unconventional family relations. Because the Constitution of Puerto Rico is a result of the combination of different constitutional traditions, our right to privacy is infused with American and Continental notions of privacy and human dignity. It thus provides an ideal context to analyze decisionmaking privacy as a constitutional repository for identity-definition values.No categories
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| | Scholar | At my library | More options ... This paper deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this paper is that fundamental rights may clash in such a way that no rational solution can be advanced. I call these conflicts 'constitutional dilemmas.' However, we should not despair: when we define precisely what amounts to a genuine conflict of fundamental rights, most of the cases will appear to be spurious conflicts, which can be rationally dealt with.
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| | Scholar | More options ... It is widely held that there is a legal right to privacy that plays such a central role in a number of important US Supreme Court decisions. There is however a great deal of dispute about whether there is a moral right to privacy and if there is, what grounds the right. Before this can be determined, we must be clear about the nature of privacy, something that is not clearly understood and that, as we shall see, is often confused with the right to privacy. I shall begin with a critical discussion of various views about the nature of privacy. I shall then present my own account, and show how it meets the objections that have been raised against other views. Lastly, I shall close with a discussion about whether privacy is a moral right.
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| | Scholar | At my library | More options ... Constitutional analysis often contains ambiguity surrounding the word "right" and other legal concepts. The Supreme Court uses the word equivocally to mean a claim, liberty, power, or immunity. The Court also invokes amorphous concepts such as "right of privacy." This article offers an analytical framework to resolve such ambiguity. First, the article explains a canonical theory developed by Professor Wesley Hohfeld to clarify similar ambiguity in private law and shows how Hohfeldian analysis extends to constitutional law. Second, the article applies Hohfeldian analysis to four notable Supreme Court decisions, including Texas v. Johnson and Grutter v. Bollinger, and clarifies the word "right" in each. In sum, this article clarifies the nature of constitutional rights and provides a powerful tool for resolving conceptual ambiguity in constitutional analysis.
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| | Scholar | More options ... Issues of privacy and employee health screening rank as two of the most important ethical concerns organizations will face in the next five years. Despite the increasing numbers of social scientists researching personal privacy and the current focus on workplace privacy rights as one of the most dynamic areas of employment law, the concept of privacy remains relatively abstract. Understanding how the courts define privacy and use the expectation of privacy standards is paramount given the strategic importance of the law as a legal socializing agent. This article reports on two federal court decisions involving employer drug and HIV testing whose determinations relied on assumptions about the psychological dimensions of privacy. How the courts define privacy, the outcome of this definition and the ethical ramifications as it affects the employee/employer relationship are discussed.
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| | Other links: jstor.org | Scholar | At my library | More options ... Using analysis and anecdote, the author examines fifteen Puerto Rican political prisoners in the U.S. prison system and the disproportionate sentences for their actions to end U.S. colonial control over Puerto Rico. These prisoners, lacking prior felony convictions, received punitive, restrictive treatment by the U.S. justice system - despite monitoring by Amnesty International and lawsuits by attorneys. The manufacturing of sting operations to entrap prisoners in illegal activities; their isolation from families; the infliction of physical abuse and psychological torture; and the withholding of medical care, are strategically applied by U.S. courts and prisons to force the renunciation of their political beliefs.
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| | Scholar | At my library | More options ... The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making -- The constitutional subject and clashing visions of citizenship : can we be beyond what we are not? -- Can the constitutional subject go global? imagining a convergence of the universal, the particular, and the singular.
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| | Scholar | At my library | More options ... The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The laws are scattered and fragmented across the states. Constitutional law is highly general, without important specific safeguards. Finally, a case study is provided showing the important trade-offs that exist between public health and privacy. For a model public health law, see www.critpath.org/msphpa/privacy.
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| | Other links: dx.doi.org | Scholar | At my library | More options ... This essay discusses engineering ethics in Puerto Rico by examining the impact of the Colegio de Ingenieros y Agrimensores de Puerto Rico (CIAPR) and by outlining the constellation of problems and issues identified in workshops and retreats held with Puerto Rican engineers. Three cases developed and discussed in these workshops will help outline movements in engineering ethics beyond the compliance perspective of the CIAPR. These include the Town Z case, Copper Mining in Puerto Rico, and a hypothetical case researched by UPRM students on laptop disposal. The last section outlines four future challenges in engineering ethics pertinent to the Puerto Rican situation.
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| | Scholar | At my library | More options ... Discussion of Hiram Melendez-Juarbe, Privacy in puerto Rico and the madman's plight: Decisions
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