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Full-Text Articles in Law

Private Rights Of Action In Privacy Law, Lauren Henry Scholz Apr 2022

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 May 2021

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 Nov 2020

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 Apr 2013

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 Apr 2013

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 Apr 2012

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 Apr 2012

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 Mar 2012

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 Nov 2011

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 Oct 2011

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 Apr 2011

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 May 2010

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 Nov 2009

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 Oct 2009

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 May 2009

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 May 2007

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 Mar 2006

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 Mar 2003

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 Mar 2000

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 Mar 1999

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 Oct 1995

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 Oct 1991

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 Oct 1991

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 May 1985

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 Oct 1984

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 Mar 1981

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 Mar 1975

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 May 1973

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. Jan 1966

The Case For A Broader Right Of Privacy In Virginia, G. Curtis Overman Jr.

William & Mary Law Review

No abstract provided.