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Seth Kreimer
Kenneth W. Gemmill Professor of Law

Seth Kreimer
Kenneth W. Gemmill Professor of Law

Tel: 215.898.7447
Fax: 215.573.2025
Email: skreimer@law.upenn.edu

Expertise

  • Civil Rights Law
  • Constitutional Law
  • Constitutional Litigation

Bio

Seth Kreimer has established a widely respected career addressing the challenges posed to civil liberties in the United States by emerging social and technological trends. [More]
Seth Kreimer has established a widely respected career addressing the challenges posed to civil liberties in the United States by emerging social and technological trends. His first article, “Allocational Sanctions: The Problem of Negative Rights in a Positive State,” set the terms for a generation of discussion on government manipulation of economic benefits to constrain the exercise of constitutional rights. At the outset of the 1990s, in “Sunlight, Secrets and Scarlet Letters; The Tension Between Privacy and Disclosure in Constitutional Law,” Kreimer delivered a prescient analysis of the dangers of governmental dissemination of private information. In the last decade, he has published influential analyses of the emerging pattern of state abortion regulation, the debate over the constitutional status of assisted suicide, the status of gay marriage, and the impact of the Internet on political protest. He has recently published (with Penn’s David Rudovsky) an account of the constitutional implications of DNA testing in the criminal justice system.

Kreimer has also written powerfully on the process of constitutional litigation, the emerging constitutional enthusiasm for states’ rights, and the promise of state constitutional law. He is the co-author (with Penn Law’s Matthew Adler) of a widely-cited work on constitutional federalism and the co-author of a forthcoming book which will be the first modern treatise on individual rights and liberties under the constitution of Pennsylvania.

Over the course of his teaching career at Penn, Kreimer has helped to represent plaintiffs in a wide variety of civil rights and civil liberties litigation, working with the American Civil Liberties Union, Planned Parenthood Federation, Community Legal Services and the Women’s Law Project, among others. He has served as co-counsel in Ferguson v. City of Charleston (2001), a U.S. Supreme Court case which established the right of obstetrical patients to refuse non-consensual drug testing, and In Re R.B.F. (2002), a Pennsylvania Supreme Court case establishing the right of gay and lesbian parents to establish families by second parent adoption in Pennsylvania. Kreimer received both the Harvey Levin Memorial Award and the Leo Levin Award for Excellence in Teaching at Penn Law and the university’s Christian R. and Mary F. Lindback Foundation Award for Distinguished Teaching.
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Representative Professional Positions

Penn Law - Kenneth W. Gemmill Professor of Law (2004 -); Associate Dean and Professor of Law (2002-04); Professor of Law (1992-2002); Associate Professor of Law (1985-92); Assistant Professor of Law (1981-85)

Fine, Kaplan & Black, Philadelphia Pa.- Associate (1978-81)

Law Clerk to Judge Arlin M. Adams, U.S. Court of Appeals for the Third Circuit (1977-78)

Representative Publications

“Uncontrolled Authority Over the Body”: The Decencies of Civilized Conduct , the Past and the Future of Unenumerated Rights, U. PA. J. CONST. L. (forthcoming 2006).

Censorship by Proxy: The First Amendment, Internet Intermediaries and the Problem of the Weakest Link, 155 U. PA. L. REV. 11 (2006).
[View Document]

Torture Lite, Full-Bodied Torture, and the Insulation of Legal Conscience, 1 J. NATIONAL SECURITY L. & POL'Y 187 (2005).

Truth Machines and Consequences: The Light and Dark Sides of 'Accuracy' in Criminal Justice, 60 N.Y.U. ANN. SURV. AM. L. 655 (2005).

Watching the Watchers: Surveillance, Transparency, and Political Freedom in the War on Terror, 7 U. PA. J. CONST. L. 133 (2004).
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THE PENNSYLVANIA CONSTITUTION: A TREATISE ON INDIVIDUAL RIGHTS AND LIBERTIES (George T. Bisel Company, Inc. 2004) (co-author).

Too Close to the Rack and the Screw: Constitutional Constraints on Torture in the War on Terror, 6 U. PA. J. CONST. L. 278 (2003).
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Constitutional Principles and Collateral Damage, 6 U. PA. J. CONST. L. 327 (2003).
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Responding to Terrorism, University of Pennsylvania Symposium Presentation
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Lines in the Sand: The Importance of Borders in American Federalism, 150 U. PA. L. REV. 973 (2002).
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Double Helix, Double Bind; Factual Innocence and Post Conviction DNA Testing, 151 U. PA. L. REV. 547 (with David Rudovsky) (2002).
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The Pennsylvania Constitution's Protection of Free Expression, 5 U. PA. J. CONST. L. 12 (2002).
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Federalism and Freedom 574 ANNALS AM. ACAD. POL. SOC. SCI. 66 (2001).

Technologies of Protest: Insurgent Social Movements and the First Amendment in the Era of the Internet, 150 U. PA. L. REV. 119 (2001).
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Invidious Comparisons: Some Cautionary Remarks on the Process of Constitutional Borrowing, 1 U. PA. J. CON. LAW 640 (1999).
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The New Etiquette of Federalism: New York, Printz and Yeskey, 1998 SUP. CT. REV. 71 (with Matthew Adler).
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The Second Time as Tragedy: The Assisted Suicide Cases and the Heritage of Roe v. Wade, 24 HASTINGS CONST. L.Q. 863 (1997).

For additional publications, please consult
Current & Recent Research

 
Seth Kreimer

Curriculum Vitae

Related Links

Education

  • J.D. - Yale - '77
  • B.A. - Yale - '74

Courses Taught

  • Constitutional Law
  • Constitutional Litigation
  • Complex Litigation
  • First Amendment in the Twenty-First Century
  • Individual Rights and Health Care
  • Privacy and Disclosure

Research Areas

  • Free Speech and Civil Liberties
  • Constitutional Remedies
  • State Constitutional Law
  • Federalism

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