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Full-Text Articles in Law
Privacies: Philosophical Evaluations, Linda C. Mcclain
Privacies: Philosophical Evaluations, Linda C. Mcclain
Faculty Scholarship
This fine collection of essays on privacy crosses disciplinary and national boundaries, bringing together 13 scholars from law, philosophy, political theory, and film studies to consider “various aspects of the problematic of the private.” As the editor, Beate Rössler, explains this “problematic,” current debates about the value and limits of privacy—such as the reach of information technology or the private lives of public figures—pose afresh more fundamental philosophical questions about privacy: What is the normative grounding for a right to privacy? How does such a right relate to identity and integrity? What is the demarcation in persons’ lives between the …
Family Privacy And Death: Antigone, War, And Medical Research, George J. Annas
Family Privacy And Death: Antigone, War, And Medical Research, George J. Annas
Faculty Scholarship
Death ends the doctor–patient relationship, and legally the patient's right of privacy dies with the patient. Other privacy interests survive, the most central of which are those of the patient's family to bury the body and to prevent the disclosure of some personal information, such as medical information, about the deceased relative. Just what privacy interests encompass and when they can be overridden by other interests — such as freedom of speech or the claims of public policy or medical research — are evolving.1 Family privacy concerning a family member who has died is at the forefront of a …
'Bend It Like Beckham' And 'Real Women Have Curves': Constructing Identity In Multicultural Coming-Of-Age Stories, Linda C. Mcclain
'Bend It Like Beckham' And 'Real Women Have Curves': Constructing Identity In Multicultural Coming-Of-Age Stories, Linda C. Mcclain
Faculty Scholarship
This Article looks at the coming-of-age stories in two recent films, Bend It Like Beckham and Real Women Have Curves, as an avenue to explore the question of constructing identity. Both films, arising out of the filmmakers' experiences, aim to offer representations of particular individuals in minority groups that challenge dominant representations. They also offer aspirational visions of how such individuals might find a way to construct a hybrid identity that allows them to negotiate their place within the various groups that claim them and within the broader society. How, the article asks, do the heroines in these films find …
The Simplification Of International Data Privacy Rules, Joel R. Reidenberg
The Simplification Of International Data Privacy Rules, Joel R. Reidenberg
Faculty Scholarship
The variation and complexity of national data privacy rules pose significant challenges for international data flows. Data protection laws range from ad hoc narrow legal rights, like those found in the United States, to comprehensive fair information practice statutes like those found in Europe. Because data processing frequently occurs across national borders, multiple data protection laws might apply simultaneously to international data flows. At the same time, data protection regimes may prohibit the circumvention of national standards by processing personal information at a foreign site. Global information processing thus presents a data controller with important burdens and obstacles related to …
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Faculty Scholarship
This Article explores the origins of privacy law in early twentieth century America in relation to the legal solidification of Jim Crow in the aftermath of Plessy v. Ferguson. It considers some distinctively southern aspects of the origins of the right to privacy and argues that by viewing privacy, racial defamation, and Jim Crow in relation to each other, we can gain new insights into each-coming to understand that Plessy was not just about controlling space, or property, or even equality but also about controlling identity itself, and coming to see that in its origins, the right to privacy had …
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Faculty Scholarship
Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …