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Full-Text Articles in Law
The Normative Fourth Amendment, Matthew Tokson
The Normative Fourth Amendment, Matthew Tokson
Utah Law Faculty Scholarship
For decades, courts have used a “reasonable expectation of privacy” standard to determine whether a government action is a Fourth Amendment search. Scholars have convincingly argued that this test is incoherent, arbitrary, and incapable of protecting privacy against modern forms of surveillance. Yet few alternatives have been proposed, and those alternatives pose many of the same problems as the current standard.
This Article offers a new theoretical approach for determining the scope of the Fourth Amendment. It develops a normative model of Fourth Amendment searches, one that explicitly addresses the balance between law enforcement effectiveness and citizens’ interests inherent in …
Data Re-Use And The Problem Of Group Identity, Leslie Francis, John G. Francis
Data Re-Use And The Problem Of Group Identity, Leslie Francis, John G. Francis
Utah Law Faculty Scholarship
Reusing existing data sets of health information for public health or medical research has much to recommend it. Much data repurposing in medical or public health research or practice involves information that has been stripped of individual identifiers but some does not. In some cases, there may have been consent to the reuse but in other cases consent may be absent and people may be entirely unaware of how the data about them are being used. Data sets are also being combined and may contain information with very different sources, consent histories, and individual identifiers. Much of the ethical and …