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Full-Text Articles in Law
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …
Ethereal Torts, Nancy Levit
Ethereal Torts, Nancy Levit
Faculty Works
Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Faculty Articles and Other Publications
This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …