YU Nudity in Entertainment Places Searches and Seizures Essay

Question 1: 

According to your reading by Smolensky, there is an understanding in law that there is a need for protection of posthumous privacy rights. By the author “[a]lthough many posthumous privacy laws arose as a means to control the behavior of the living and protect the interests of surviving heirs, courts’ use of “‘rights’ language when creating legal rules that benefit decedents’ interests” suggests a desire to honor decedents’ wishes independent of their survivors’ wishes.” Discuss this statement. Do the dead enjoy privacy rights? Support your position by including any TWO legal cases in your discussion. The quote might not the exact same in the reading/lecture slides but you get the idea

Reading: Smolensky Article                         Lecture PowerPoint: Privacy and the Dead

Question 2: 

Based on the article by Anita Allen, what approach have the courts in Canada taken with respect to coercion of sexual modesty in places of employment such as strip clubs? How does the author justify laws which interfere with women’s free modesty choices in these spaces? Do you agree with the author’s conclusions? You answer must include a discussion of at least TWO legal cases. 

Reading: Nudity- Anita Allen                       Lecture PowerPoint: Private Parts

Question 3:

Canadian courts have indicated that s.8 of the Charter does not necessarily immune individuals from all searches and seizures. Rather, it only protects from searches and seizures that are unreasonable. How do courts determine whether a search and seizure is reasonable? In your answer, you must include a discussion of at least THREE legal cases. 

Reading: Seymans Case                    Lecture PowerPoint: Property Rights