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Articles 1 - 3 of 3
Full-Text Articles in Law
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Articles
While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware of the existence of the records, they may be unaware of potential legal remedies, or unable to afford legal recourse. This paper concentrates on the ability of individuals to obtain legal redress for unauthorized use of audio, video and multi-media content that infringes their …
The Future Of Disparate Impact, Richard A. Primus
The Future Of Disparate Impact, Richard A. Primus
Articles
The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
Negotiating The Situation: The Reasonable Person In Context, Lu-In Wang
Negotiating The Situation: The Reasonable Person In Context, Lu-In Wang
Articles
This Essay argues that our understanding of the reasonable person in economic transactions should take into account an individual’s race, gender, or other group-based identity characteristics - not necessarily because persons differ on account of those characteristics, but because of how those characteristics influence the situations a person must negotiate. That is, individuals’ social identities constitute features not just of themselves, but also of the situations they inhabit. In economic transactions that involve social interaction, such as face-to-face negotiations, the actor’s race, gender, or other social identity can affect both an individual actor and those who interact with him or …