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Full-Text Articles in Law

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson Dec 2001

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …


Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson Oct 2001

Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson

The Southeastern Librarian

According to the American Library Association, library records should be kept private and confidential. Most states also have laws that protect the confidentiality of library records. This article will discuss the library confidentiality laws of the Southeastern United States, as well as the Family Educational Rights and Privacy Act (FERPA), and the USA PATRIOT Act (popularly known as the antiterrorism statute).


The Emergence Of Website Privacy Norms, Steven A. Hetcher Jun 2001

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …


Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont Jun 2001

Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont

Michigan Telecommunications & Technology Law Review

The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.


No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia Apr 2001

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.


Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black Apr 2001

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.


The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye Apr 2001

The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.


Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein Mar 2001

Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein

Federal Communications Law Journal

The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …


Law And Policy In The Age Of The Internet , Robert E. Litan Feb 2001

Law And Policy In The Age Of The Internet , Robert E. Litan

Duke Law Journal

No abstract provided.


The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway Jan 2001

The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway

Fordham Journal of Corporate & Financial Law

No abstract provided.


Leach Keynote Address, James A. Leach Jan 2001

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.


Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton Jan 2001

Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.


Protecting Privacy With Deceptive Trade Practices Legislation , Jeff Sovern Jan 2001

Protecting Privacy With Deceptive Trade Practices Legislation , Jeff Sovern

Fordham Law Review

No abstract provided.


A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore Jan 2001

A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore

Fordham Law Review

No abstract provided.


A Further Comment On Robert P. George's "Natural Law", James E. Fleming Jan 2001

A Further Comment On Robert P. George's "Natural Law", James E. Fleming

Fordham Law Review

No abstract provided.


The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley Jan 2001

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Natural Law And The Constitution Revisited, Robert P. George Jan 2001

Natural Law And The Constitution Revisited, Robert P. George

Fordham Law Review

No abstract provided.


Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand Jan 2001

Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand

Marquette Sports Law Review

No abstract provided.


Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh Jan 2001

Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh

Fordham Urban Law Journal

This Note first presents a historical background of media regulations protecting children, and introduces COPPA. Next, it presents the arguments fueling the debate about who should regulate the Internet - the government or non-government entities. It then argues that in light of COPPA's shortcomings and faulty attempts to emulate regulations of other media, the government should step back and allow parents to maintain the bulk of regulatory responsibility. Finally, it suggests a future course of action for successfully regulating the Internet to protect children's privacy while taking into account the Internet's dissimilarity to previously regulated media. This Note concludes that …


Currents In The Stream: The Evolving Legal Status Of Gay And Lesbian Persons In Kentucky, Matthew M. Morrison Jan 2001

Currents In The Stream: The Evolving Legal Status Of Gay And Lesbian Persons In Kentucky, Matthew M. Morrison

Kentucky Law Journal

No abstract provided.


Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal Jan 2001

Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.