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Full-Text Articles in Law

To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman Nov 2012

To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman

All Faculty Scholarship

In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …


Electronic Privacy And Employee Speech, Pauline T. Kim Jun 2012

Electronic Privacy And Employee Speech, Pauline T. Kim

Chicago-Kent Law Review

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees' privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments—weak protection of employee privacy and increased protection for …


That’S The Ticket: Arguing For A Narrower Interpretation Of The Exceptions Clause In The Driver’S Privacy Protection Act, Katherine Hutchinson May 2012

That’S The Ticket: Arguing For A Narrower Interpretation Of The Exceptions Clause In The Driver’S Privacy Protection Act, Katherine Hutchinson

Seventh Circuit Review

The Driver's Privacy Protection Act of 1994 restricts states from disclosing personal identifying information contained in an individual's motor vehicle record without that person's express consent. The DPPA was a response to tragic incidents in which such information was released to members of the public who used it to locate people and commit crimes against them. However, Congress inserted into the Act a list of fourteen exceptions under which certain parties may still access these state records for specific "permissible uses." These exceptions recognized the need for such disclosure in the interests of the legitimate operational needs of government and …


Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan Jan 2012

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan

All Faculty Scholarship

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …