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Articles 1 - 30 of 247
Full-Text Articles in Law
Why (And How) The Constitution Should Protect Prisoners From Gratuitous Disclosure Of Their Hiv/Aids Status, Dillon Schweers
Why (And How) The Constitution Should Protect Prisoners From Gratuitous Disclosure Of Their Hiv/Aids Status, Dillon Schweers
William & Mary Law Review
This Note is not the first to advocate for prisoners’ constitutional privacy rights concerning their HIV/AIDS status, but it is the first to focus on isolated incidents of disclosure rather than general policies that tend to lead to disclosure like mandatory testing or segregation based on HIV/AIDS status. This Note argues that the Fourteenth Amendment’s Due Process Clause should protect prisoners from isolated disclosures, meaning prisoners should have a § 1983 cause of action against guards or other prison officials who disclose their HIV/AIDS status in a gratuitous manner.
[...]
The proceeding section of this Note, Part I, details the …
The Case For Local Data Sharing Ordinances, Beatriz Botero Arcila
The Case For Local Data Sharing Ordinances, Beatriz Botero Arcila
William & Mary Bill of Rights Journal
Cities in the United States have started to enact data sharing rules and programs to access some of the data that technology companies operating under their jurisdiction— like short-term rental or ride hailing companies—collect. This information allows cities to adapt to the challenges and benefits of the digital information economy. It allows them to understand what the impact of these technology companies is on congestion, the housing market, the local job market, and even the use of public spaces. It also empowers cities to act accordingly by, for example, setting vehicle caps or mandating a tailored minimum pay for gig …
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
Consent, Appropriation By Manipulation, And The 10-Year Challenge: How An Internet Meme Complicated Biometric Information Privacy, Michael J. Slobom
Consent, Appropriation By Manipulation, And The 10-Year Challenge: How An Internet Meme Complicated Biometric Information Privacy, Michael J. Slobom
Mitchell Hamline Law Review
No abstract provided.
Medical Records And Privacy Rights: The Unintended Consequences Of Aggregated Data In Electronic Health Records, Andrea C. Maciejewski
Medical Records And Privacy Rights: The Unintended Consequences Of Aggregated Data In Electronic Health Records, Andrea C. Maciejewski
University of Colorado Law Review
In an era of rapid-pace technological innovation and political focus on healthcare, the federal government is pushing for nationwide interoperability of electronic health records. While there are many benefits from such a program, the lack of federal or state privacy regulations for patients' personal data opens up the possibility of widespread dissemination of private and sensitive information. This inattention to privacy will cause major problems if exploited.
Currently, there are no federal or Colorado laws that protect against potential privacy violations and provide recourse for a patient if a medical professional decides to insert nonmedical information, such as information about …
Nonconsensual Pornography: Prevention Is Key, Matthew Edward Carey
Nonconsensual Pornography: Prevention Is Key, Matthew Edward Carey
University of Colorado Law Review Forum
No abstract provided.
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
West Virginia Law Review
No abstract provided.
Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne
Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne
West Virginia Law Review
No abstract provided.
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Touro Law Review
No abstract provided.
Humans Of New York, Shut Your Blinds, Amanda Defeo
Humans Of New York, Shut Your Blinds, Amanda Defeo
Touro Law Review
No abstract provided.
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman
Journal of Intellectual Property Law
No abstract provided.
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Journal of Intellectual Property Law
No abstract provided.
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash
Journal of Intellectual Property Law
No abstract provided.
Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich
Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich
Touro Law Review
No abstract provided.
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Akron Law Review
It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.
Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle
Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle
Indiana Law Journal
Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui
Golden Gate University Law Review
In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover, …
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Copyright Law, Privacy, And Illegal File Sharing: Defeating A Defendant's Claims Of Privacy Invasion, Daniel Gomez-Sanchez
Touro Law Review
No abstract provided.
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual Private Zone, And The Balloon Theory, Shlomit Yanisky-Ravid
To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual Private Zone, And The Balloon Theory, Shlomit Yanisky-Ravid
American University Law Review
No abstract provided.
Ubiquitous Privacy, Thomas P. Crocker
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
Indiana Law Journal
No abstract provided.
Loder V. Municipal Court, 43 Cal. App. 3d 231, 117 Cal. Rptr. 533 (1974) , Elliot L. Shelton
Loder V. Municipal Court, 43 Cal. App. 3d 231, 117 Cal. Rptr. 533 (1974) , Elliot L. Shelton
Pepperdine Law Review
No abstract provided.
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane
Pepperdine Law Review
No abstract provided.
Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields
Punitive Damages: An Exception To The Right Of Privacy? Coy V. Superior Court, Richard S. Fields
Pepperdine Law Review
No abstract provided.
The California Constitutional Right Of Privacy And Exclusion Of Evidence In Civil Proceedings, Jerry D. Mackey
The California Constitutional Right Of Privacy And Exclusion Of Evidence In Civil Proceedings, Jerry D. Mackey
Pepperdine Law Review
No abstract provided.
The Making Of The Moral Child: Legal Implications Of Values Education, Joel S. Moskowitz
The Making Of The Moral Child: Legal Implications Of Values Education, Joel S. Moskowitz
Pepperdine Law Review
No abstract provided.