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Full-Text Articles in Law
Resolving Conflicting International Data Privacy Rules In Cyberspace, Joel R. Reidenberg
Resolving Conflicting International Data Privacy Rules In Cyberspace, Joel R. Reidenberg
Faculty Scholarship
While core principles for the fair treatment of personal information are common to democracies, privacy rights vary considerably across national borders. This article explores the divergences in approach and substance of data privacy between Europe and the United States. It argues that the specific privacy rules adopted in a country have a governance function. The article shows that national differences support two distinct political choices for the roles in democratic society assigned to the state, the market and the individual: either liberal, market-based governance or socially-protective, rights-based governance. These structural divergences make international cooperation imperative for effective data protection in …
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager
Fordham Urban Law Journal
This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Friends Of The Court? The Ethics Of Amicus Brief Writing In First Amendment Litigation, Allison Lucas
Fordham Urban Law Journal
This Article explores the ethics of writing amicus briefs as they relate to defamation and privacy issues by focusing on two specific cases, Rice v. Paladin and Khawar v. Globe, International. It begins with a history of amicus curaie briefs, followed by a discussion of the two cases. In Paladin, a family sued a publishing company arguing that a book it published aided and abetted a murder. In Khawar, a photo was wrongly placed in a book and was subsequently printed in a newspaper. In both cases, amicus briefs were submitted on the part of the defendants from large media …
Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg
Restoring Americans' Privacy In Electronic Commerce Symposium - The Legal And Policy Framework For Global Electronic Commerce: A Progress Report, Joel R. Reidenberg
Faculty Scholarship
In the United States today, substance abusers have greater privacy than web users and privacy has become the critical issue for the development of electronic commerce. Yet, the U.S. government’s privacy policy relies on industry self-regulation rather than legal rights. This article argues that the theory of self-regulation has normative flaws and that public experience shows the failure of industry to implement fair information practices. Together the flawed theory and data scandals demonstrate the sophistry of U.S. policy. The article then examines the comprehensive legal rights approach to data protection that has been adopted by governments around the world, most …