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Articles 1 - 29 of 29
Full-Text Articles in Law
Private Rights Of Action In Privacy Law, Lauren Henry Scholz
Private Rights Of Action In Privacy Law, Lauren Henry Scholz
William & Mary Law Review
Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate the …
A New Compact For Sexual Privacy, Danielle Keats Citron
A New Compact For Sexual Privacy, Danielle Keats Citron
William & Mary Law Review
Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies, and nude photos. Individuals hardly appreciate the extent of the monitoring, and even if they did, little could be done to curtail it. What is big business for firms is a big risk for individuals. Corporate intimate surveillance undermines sexual privacy—the social norms that manage access to, and information about, human bodies, sex, sexuality, gender, and sexual and reproductive health. At stake is sexual autonomy, self-expression, dignity, intimacy, and equality. So are people’s jobs, housing, insurance, and other life opportunities. …
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
William & Mary Law Review
No abstract provided.
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill
Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill
William & Mary Law Review
No abstract provided.
Neuroscience In The Courtroom: An International Concern, Dominique J. Church
Neuroscience In The Courtroom: An International Concern, Dominique J. Church
William & Mary Law Review
No abstract provided.
Katz Cradle: Holding On To Fourth Amendment Parity In An Age Of Evolving Electronic Communication, Christopher R. Brennan
Katz Cradle: Holding On To Fourth Amendment Parity In An Age Of Evolving Electronic Communication, Christopher R. Brennan
William & Mary Law Review
No abstract provided.
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
William & Mary Law Review
No abstract provided.
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
William & Mary Law Review
No abstract provided.
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
William & Mary Law Review
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’srights, even when context and demonstrated capacity would supportaffirmation of those rights. Context involves both the physical settingin which Fourth Amendment protections are sought and the nature of the privacy interest at …
Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes
Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes
William & Mary Law Review
No abstract provided.
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
William & Mary Law Review
No abstract provided.
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
William & Mary Law Review
No abstract provided.
Suspicionless Border Seizures Of Electronic Files: The Overextension Of The Border Search Exception To The Fourth Amendment, Scott J. Upright
Suspicionless Border Seizures Of Electronic Files: The Overextension Of The Border Search Exception To The Fourth Amendment, Scott J. Upright
William & Mary Law Review
No abstract provided.
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
William & Mary Law Review
Whether a component of an Internet communication is classified as "content" or "envelope" information determines in large part the privacy protection it receives under constitutional and statutory law. Courts and Internet law scholars have yet to offer a means of determining the content/envelope status of unique aspects of Internet communications-from email subject lines to website URLs. As a result, data with the potential to expose every website, every Internet file downloaded, and every email sent by an Internet user may be unprotected under current law.
This Article develops a legal framework for distinguishing content from envelope information in unique areas …
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
William & Mary Law Review
No abstract provided.
Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern
Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern
William & Mary Law Review
Contrary to the predictions of conventional economic theory, firms often benefit by increasing consumer transaction costs. Firms do so by, for example, obscuring contract terms in a variety of ways, such as providing them after the contract is agreed to, enclosing them with other more interesting information, using small print, and omitting important terms such as arbitration fees from the written contract. Firms also benefit by taking advantage of predictable consumer behaviors, such as the tendency of consumers not to seek rebates, to overload when provided with too much information, and to ignore dull information when overshadowed by vivid information. …
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Misconceived Laws: The Irrationality Of Parental Involvement Requirements For Contraception, Jessica R. Arons
Misconceived Laws: The Irrationality Of Parental Involvement Requirements For Contraception, Jessica R. Arons
William & Mary Law Review
No abstract provided.
Reflections On Coercing Privacy, Neal Devins
Reflections On Coercing Privacy, Neal Devins
William & Mary Law Review
No abstract provided.
Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle
Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle
William & Mary Law Review
No abstract provided.
Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria
Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria
William & Mary Law Review
No abstract provided.
Applicant Testing For Drug Use: A Policy And Legal Inquiry, Jonathan V. Holtzman
Applicant Testing For Drug Use: A Policy And Legal Inquiry, Jonathan V. Holtzman
William & Mary Law Review
No abstract provided.
Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks
Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks
William & Mary Law Review
No abstract provided.
The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin
The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin
William & Mary Law Review
No abstract provided.
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
William & Mary Law Review
No abstract provided.
The Taxpayer's Expectation Of Privacy As A Bar To Production Of Records Held By His Attorney
The Taxpayer's Expectation Of Privacy As A Bar To Production Of Records Held By His Attorney
William & Mary Law Review
No abstract provided.
The 1970 Bank Secrecy Act And The Right Of Privacy
The 1970 Bank Secrecy Act And The Right Of Privacy
William & Mary Law Review
No abstract provided.
The Case For A Broader Right Of Privacy In Virginia, G. Curtis Overman Jr.
The Case For A Broader Right Of Privacy In Virginia, G. Curtis Overman Jr.
William & Mary Law Review
No abstract provided.