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Articles 1 - 30 of 35
Full-Text Articles in Privacy Law
Straining The Capacity Of The Law: The Idea Of Computer Crime In The Age Of The Computer Worm, 11 Computer L.J. 299 (1991), Brenda Nelson
Straining The Capacity Of The Law: The Idea Of Computer Crime In The Age Of The Computer Worm, 11 Computer L.J. 299 (1991), Brenda Nelson
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Private Lives, Public Selves, Jean B. Elshtain
Private Lives, Public Selves, Jean B. Elshtain
Vanderbilt Law Review
What of the making public of a letter, what of the vocation of correspondent? Letters are a private genre, belonging in general, Kundera would say, to the domain of intimate life. When they "go public" some boundary is crossed, some violation is committed. Kundera's position hints that the great Oliver Wendell Holmes was perhaps a bit of a monster, seeming in his private life to be very much the "same" man as he was in his public vocation, except for his romantic effulgency with Clare Castletown. Reading this occasionally twittery and school boyish prose in Professor G. Edward White's article, …
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
University of Michigan Journal of Law Reform
Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes reform of …
Within The Confines Of The Law: Abortion And A Substantive Rhetoric Of Liberty, Celeste Michelle Condit
Within The Confines Of The Law: Abortion And A Substantive Rhetoric Of Liberty, Celeste Michelle Condit
Buffalo Law Review
No abstract provided.
California V. Greenwood: A Proposed Compromise To The Exploitation Of The Objective Expectation Of Privacy, Kevin E. Maldonado
California V. Greenwood: A Proposed Compromise To The Exploitation Of The Objective Expectation Of Privacy, Kevin E. Maldonado
Buffalo Law Review
No abstract provided.
The Constitutionality Of An Off-Dutysmoking Ban For Public Employees:Should The State Butt Out?, Elizabeth B. Thompson
The Constitutionality Of An Off-Dutysmoking Ban For Public Employees:Should The State Butt Out?, Elizabeth B. Thompson
Vanderbilt Law Review
During the past several years, restrictions imposed by states, cities,and municipalities on smoking in public areas have survived court challenges and become almost commonplace.' Likewise, both public and private employers have limited smoking in the workplace. A further restriction that seems to be emerging, however, is a refusal by both the state and a growing number of private employers to hire or to continue to employ smokers. These restrictions limit the employee's freedom to smoke not only in the workplace, but also after working hours and within the privacy of the worker's home.
This Note will address the constitutionality of …
The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon
The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon
Brigham Young University Journal of Public Law
No abstract provided.
The Impact Of Freedom Of Information Legislation On Criminal Discovery In Comparative Common Law Perspective, Michael Taggart
The Impact Of Freedom Of Information Legislation On Criminal Discovery In Comparative Common Law Perspective, Michael Taggart
Vanderbilt Journal of Transnational Law
This Article examines the effect of freedom of information legislation on criminal discovery in the United States, Canada, Australia, and New Zealand. While all of these countries share the common law tradition and have comparable freedom of information legislation, Professor Taggart notes that the impact of that legislation on the law and practice of criminal discovery varies in each country.
The United States courts generally have resisted attempts by criminal defendants to gain access to a wider range of material under the Freedom of Information Act than available by conventional discovery. So far the courts are unwilling to allow that …
Litigate And Arbitrate: A Hybrid Method Of Alternative Dispute Resolution, 10 Computer L.J. 517 (1990), Dennis S. Deutsch
Litigate And Arbitrate: A Hybrid Method Of Alternative Dispute Resolution, 10 Computer L.J. 517 (1990), Dennis S. Deutsch
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Computer Crime And The Computer Fraud And Abuse Act Of 1986, 10 Computer L.J. 71 (1990), Christopher D. Chen
Computer Crime And The Computer Fraud And Abuse Act Of 1986, 10 Computer L.J. 71 (1990), Christopher D. Chen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Taxation Of Software Development Costs: Debugging The Proposed Regulations, 10 Computer L.J. 335 (1990), Wade R. Sjogren
Taxation Of Software Development Costs: Debugging The Proposed Regulations, 10 Computer L.J. 335 (1990), Wade R. Sjogren
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Nec V. Intel: A Guide To Using "Clean Room" Procedures As Evidence, 10 Computer L.J. 453 (1990), David S. Elkins
Nec V. Intel: A Guide To Using "Clean Room" Procedures As Evidence, 10 Computer L.J. 453 (1990), David S. Elkins
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Bulls & Bears & Bugs: Computer Investment Advisory Programs That Go Awry, 10 Computer L.J. 47 (1990), Wayne Hagendorf
Bulls & Bears & Bugs: Computer Investment Advisory Programs That Go Awry, 10 Computer L.J. 47 (1990), Wayne Hagendorf
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Hardware And Software Protection In Canada, 10 Computer L.J. 483 (1990), George E. Fisk, Jane E. Clark
Hardware And Software Protection In Canada, 10 Computer L.J. 483 (1990), George E. Fisk, Jane E. Clark
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Computer Protection Against Foreign Competition In The United States, 10 Computer L.J. 393 (1990), Heon Hahm
Computer Protection Against Foreign Competition In The United States, 10 Computer L.J. 393 (1990), Heon Hahm
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Divestiture As A Legislative Solution To The Anti-Consumer Effects Of Airline Ownership Of Computer Reservation Systems, 10 Computer L.J. 1 (1990), John Evans
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Scarlet Letter "A": Aids In A Computer Society, 10 Computer L.J. 233 (1990), M. Nicole Van Dam
The Scarlet Letter "A": Aids In A Computer Society, 10 Computer L.J. 233 (1990), M. Nicole Van Dam
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyrighted Software And Tying Arrangements: A Fresh Appreciation For Per Se Illegality, 10 Computer L.J. 413 (1990), Daniel Dik
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Canada, Copyright, Computers: Impact And Analysis In An International Perspective Or From Gutenberg To Uruguay: Protecting The Soul Of A New Machine, 10 Computer L.J. 265 (1990), Peter Heeseok Kang
Canada, Copyright, Computers: Impact And Analysis In An International Perspective Or From Gutenberg To Uruguay: Protecting The Soul Of A New Machine, 10 Computer L.J. 265 (1990), Peter Heeseok Kang
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Tort Liability For Artificial Intelligence And Expert Systems, 10 Computer L.J. 127 (1990), George S. Cole
Tort Liability For Artificial Intelligence And Expert Systems, 10 Computer L.J. 127 (1990), George S. Cole
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Small Business Reliance On Computer Software: There Should Be Protection, 10 Computer L.J. 635 (1990), Julie Delluomo
Small Business Reliance On Computer Software: There Should Be Protection, 10 Computer L.J. 635 (1990), Julie Delluomo
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Electronic Tax Returns And The Preparer Penalties, 10 Computer L.J. 551 (1990), Michael W. Traynham
Electronic Tax Returns And The Preparer Penalties, 10 Computer L.J. 551 (1990), Michael W. Traynham
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Joint Ventures In The Semiconductor Industry, 10 Computer L.J. 581 (1990), Brian E. Whitley
Joint Ventures In The Semiconductor Industry, 10 Computer L.J. 581 (1990), Brian E. Whitley
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Normative Analysis Of Disclsoure, Privacy, And Computers: The State Cases, 10 Computer L.J. 603 (1990), Eve H. Karasik
A Normative Analysis Of Disclsoure, Privacy, And Computers: The State Cases, 10 Computer L.J. 603 (1990), Eve H. Karasik
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Florida V. Riley: The Emerging Standard For Aerial Surveillance Of The Curtilage, David J. Stewart
Florida V. Riley: The Emerging Standard For Aerial Surveillance Of The Curtilage, David J. Stewart
Vanderbilt Law Review
The expression, "a man's home is his castle," embodies one of the most cherished individual liberties in American society, the right to en-joy privacy and freedom from unreasonable government intrusion in the confines of one's home.' Recognizing the importance of this right, the first Senate adopted the fourth amendment, which protects individuals from unreasonable searches and seizures.
Initially, the United States Supreme Court narrowly construed the fourth amendment as protecting only physical intrusions of persons,houses, papers, and effects.4 Later, the Court expanded coverage of the fourth amendment to include the area immediately adjacent to the home and used in connection …
Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer
Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer
UIC Law Review
No abstract provided.
The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel
The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel
UIC Law Review
No abstract provided.
Changing Patterns Of Ownership Rights In The People's Republic Of China: A Legal And Economic Analysis In The Context Of Economic Reforms And Social Conditions, Paul Cantor, James Kraus
Changing Patterns Of Ownership Rights In The People's Republic Of China: A Legal And Economic Analysis In The Context Of Economic Reforms And Social Conditions, Paul Cantor, James Kraus
Vanderbilt Journal of Transnational Law
This Article analyzes the legal and economic effects of privatization and the changing patterns of ownership rights in the People's Republic of China. After an overview of Chinese concepts of property rights, the authors discuss the history of China's post-liberation nationalization process and the movement back toward privatization and decentralization. Privatization has led Chinese law toward the recognition of private rights and duties in property law matters. The authors examine China's basis for altering ownership rights and moving in the direction of a market-oriented economy. The Constitution of the People's Republic of China and Chinese statutes contain specific language delineating …
Invasion Of Privacy: Some Communicative Torts Whose Time Has Gone, Harvey L. Zuckman
Invasion Of Privacy: Some Communicative Torts Whose Time Has Gone, Harvey L. Zuckman
Scholarly Articles
Because invasion of privacy developed from a late nineteenth century law review article motivated in large part by personal animus against the "yellow" press of the era rather than through traditional incremental common-law decision making, and because it has no central trunk but rather four disparate branches whose supposedly protected interests are subject to debate,' this complex of torts presents numerous operational problems for our judicial system. Constitutional problems are created as well by the generation of tension if not direct conflict with first amendment interests when civil liability is imposed for certain kinds of communication. And if all this …