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Articles 1 - 12 of 12
Full-Text Articles in Law
Keeping Up With New Legal Titles, Franklin L. Runge
Keeping Up With New Legal Titles, Franklin L. Runge
Law Faculty Scholarly Articles
In this book review, Franklin L. Runge discusses The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (2016) by Laura K. Donohue.
Against Data Exceptionalism, Andrew Keane Woods
Against Data Exceptionalism, Andrew Keane Woods
Law Faculty Scholarly Articles
One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions of jurisdiction. This Article …
Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger
Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger
Law Faculty Scholarly Articles
This Article provides a timely examination of the European Union's approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author's recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU's internet privacy regime a theoretical framework constructed from the writings of philosopher and social theorist Alasdair MacIntyre on the failures of Enlightenment and post-Enlightenment thought. The EU internet privacy regime is shown to reflect and reinforce three key elements of the "post-Enlightenment paradigm," i.e., the …
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
Law Faculty Scholarly Articles
The steady stream of news reports about violations of privacy on the Internet has spawned a growing body of literature discussing the legal protections available for personally identifiable information—i.e., information about identified or identifiable persons—collected via the Internet. This Article takes the discussion of Internet privacy protection in a new and very different direction by reexamining the U.S. Internet privacy regime from the perspective of a broader cultural/historical analysis and critique. The perspective adopted is that of Alasdair MacIntyre's account of the disarray in Enlightenment and post-Enlightenment discourse about morality and human nature and the accompanying disappearance of rational justifications …
4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.
21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.
2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen
2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen
Continuing Legal Education Materials
Materials from the 2nd Annual Computer & Technology Law Institute held by UK/CLE in March 2000.
Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.
Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.
Law Faculty Scholarly Articles
Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Law Faculty Scholarly Articles
This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …