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Mining For Children’S Data In Today’S Digital World, Damin Park 2018 Pepperdine University

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The New Family Freedom, Emily J. Stolzenberg 2018 Columbia Law School

The New Family Freedom, Emily J. Stolzenberg

Boston College Law Review

In family law, “autonomy” has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, “choice about obligations,” holds redistribution of resources between intimates to be illegitimate unless the richer party “chose” to take on financial obligations ex ante by ceremonially marrying or formally contracting. But as more people conduct their intimate lives outside these legal institutions, choice about obligations increasingly collides with another, more fundamental, family law principle: the imperative to “privatize dependency,” i.e., to ...


Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro 2018 Cleveland-Marshall College of Law

Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro

The Global Business Law Review

This note addresses the lack of adequate protections in Ohio for social media privacy laws in the workplace and compares proposed legislation in Ohio to legislation that has passed in other states. It examines the provision of the SCA including the definition of "user" and whether social media sites fall under its umbrella. It also looks at the safeguards and limitations of the SCA and how it is used to protect a private employee’s social media account. It analyzes the state statutory laws in Arkansas, Illinois, and California passed specifically to prevent employers from requesting passwords to personal Internet ...


Consumer Law Immersion, Kevin M. McDonald, Karl Hochkammer, Steven Wernikoff 2018 Cleveland State University

Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff

The Global Business Law Review

As part of Washington University School of Law’s (WashULaw) Online Master of Legal Studies (MLS) program, students attend optional weekend immersion courses at the law school in St. Louis in both the spring and fall. We recently taught a course on consumer law over the spring 2018 weekend session held on March 23-25, 2018. In attendance were twenty-two students, most of whom were enrolled in the MLS program. Several were foreign lawyers and one was an LL.M. student. This article summarizes our three-day experience and concludes with our key learnings that incorporate feedback we received from students both ...


Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass 2018 Georgetown University Law Center

Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses’ online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contracts. This article reports an attempt to reproduce that study’s results. Using the original study’s data, this study was unable to reproduce its numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Restatement position. This study also found little support for the claim that there is a clear trend recognizing enforcing privacy ...


Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi 2018 University of Miami Law School

Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi

University of Miami International and Comparative Law Review

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Brief Of Amicus Curiae, In Re Opinions & Orders Of This Court Addressing Bulk Collection Of Data Under The Foreign Intelligence Surveillance Act, No. Misc. 13-08 (Fisa Ct. June 13, 2018), Laura K. Donohue 2018 Georgetown University Law

Brief Of Amicus Curiae, In Re Opinions & Orders Of This Court Addressing Bulk Collection Of Data Under The Foreign Intelligence Surveillance Act, No. Misc. 13-08 (Fisa Ct. June 13, 2018), Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Transparency And The Marketplace For Student Data, N. Cameron Russell, Joel R. Reidenberg, Elizabeth Martin, Thomas B. Norton 2018 Fordham University School of Law

Transparency And The Marketplace For Student Data, N. Cameron Russell, Joel R. Reidenberg, Elizabeth Martin, Thomas B. Norton

Center on Law and Information Policy

Student lists are commercially available for purchase on the basis of ethnicity, affluence, religion, lifestyle, awkwardness, and even a perceived or predicted need for family planning services. This study seeks to provide an understanding of the commercial marketplace for student data and the interaction with privacy law. Over several years, Fordham CLIP reviewed publicly-available sources, made public records requests to educational institutions, and collected marketing materials received by high school students. The study uncovered and documents an overall lack of transparency in the student information commercial marketplace and an absence of law to protect student information.


Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle 2018 Brooklyn Law School

Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle

Brooklyn Law Review

Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the ...


A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle 2018 St. Mary's University School of Law

A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle

St. Mary's Law Journal

The Internet provides trial attorneys an additional tool to investigate the backgrounds of prospective jurors during voir dire. Online searches of a person’s name and social media accounts can reveal information that could be used as grounds for a challenge for cause or to facilitate intelligent use of peremptory strikes. Texas lawmakers have not yet provided any official guidance as to whether attorneys can investigate prospective jurors online or how they might do so, should it be allowed. Texas’s current voir dire structure, judicial opinions, and ethics opinions, together, support the notion that Texas trial attorneys should be ...


Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair 2018 University of South Florida St. Petersburg

Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair

St. Mary's Law Journal

Abstract forthcoming


Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley 2018 Texas A&M University School of Law

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...


The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay 2018 Boston College Law School

The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay

Boston College Law Review

The distribution of revenge porn is a cyber-bullying phenomenon that has proliferated on the Internet. The nonconsensual sharing of sexually explicit photographs and videos causes irreparable harm to revenge porn victims. The current state of the law, however, does little to redress the damage. Tort claims are often unsuccessful because many victims do not have the resources necessary to initiate a lawsuit. Furthermore, federal law grants operators of revenge porn websites immunity from state tort claims. In an effort to fill this gap in the law, many states have made changes or additions to their criminal statutes. To date, thirty-eight ...


No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions, Brandon Ferrick 2018 Boston College Law School

No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions, Brandon Ferrick

Boston College Law Review

On February 6, 2017, in Beck v. McDonald, the United States Court of Appeals for the Fourth Circuit held that the increased risk of future identity theft created by two data breaches was too speculative to constitute an injury-in-fact for the purposes of Article III standing. The court surveyed the split between its sister circuits and determined that, without allegations that a thief deliberately targeted information, misused, or attempted to misuse that personal information, the risk of identity theft was not sufficiently high so as to meet the injury-in-fact requirement of Article III standing. This Comment examines the Fourth Circuit ...


The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, Timothy Andrea 2018 Boston College Law School

The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, Timothy Andrea

Boston College Law Review

Few of the government’s investigatory techniques implicate individual privacy concerns more than the taking and testing of a suspect’s blood. These blood draws are a common tool used to fight drunk driving. In 2013, in Missouri v. McNeely, the U.S. Supreme Court reiterated the need for case-by-case review when considering whether exigent circumstances justify warrantless blood testing of drunk driving suspects. An Oklahoma statute takes a different approach by categorically abdicating the warrant requirement and authorizing law enforcement to draw blood from any driver involved in an accident that results in serious bodily injury. In 2016, in ...


Bounded By The Constitution: Resolving The Private Search Doctrine Circuit Split, Mark Kifarkis 2018 Chicago-Kent College of Law

Bounded By The Constitution: Resolving The Private Search Doctrine Circuit Split, Mark Kifarkis

Concordia Law Review

This Article analyzes the private search doctrine exception to the Fourth Amendment and the exception's application to smart phones and computers. The private search doctrine allows governmental authorities to replicate a private individual's search without obtaining a warrant. This Article proposes a standard for court's to use to resolve the circuit split on how to apply the exception to today's technology. Presently, there are two standards used by courts. The Article names one standard as the "boundless search approach" that is used by the Fifth and Seventh Circuits. The Article names the other standard as "bounded ...


Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green 2018 Duke Law

Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green

Duke Law & Technology Review

In the Digital Age, information is more accessible than ever. Unfortunately, that accessibility has come at the expense of privacy. Now, more and more personal information is in the hands of corporations and governments, for uses not known to the average consumer. Although these entities have long been able to keep tabs on individuals, with the advent of virtual assistants and “always-listening” technologies, the ease by which a third party may extract information from a consumer has only increased. The stark reality is that lawmakers have left the American public behind. While other countries have enacted consumer privacy protections, the ...


Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild 2018 Wayne State University Law School

Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild

Cleveland State Law Review

Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by ...


A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman 2018 New York Law School

A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman

Notre Dame Law Review Online

This Essay takes a further step in a developing research agenda on the design of privacy policies. As described in more detail in Part II, I created an online survey in which respondents were asked to choose one of two websites that would better protect their privacy given images of segments of their privacy policies. Some of the questions paired notices with, on the one hand, privacy protective practices displayed in difficult-to-read designs, and, on the other hand, invasive data use practices displayed in graphical, aesthetically pleasing ways. Many survey respondents seemed to make their privacy decisions based on design ...


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