Digital Commons Network^™

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.

Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole

North Carolina Banking Institute

No abstract provided.

Regulation Of Online Pharmacies: A Case For Cooperative Federalism, Sara E. Zeman

Annals of Health Law and Life Sciences

Ms. Zeman examines the regulatory challenges and responses arising from online pharmacies. In particular, Ms. Zeman discusses the roles taken by the States' attorney general offices, the States' legislatures, and the pharmaceutical industry itself, to ensure protection for those consumers seeking health care via the Internet.

Crimes / Identity Theft: Supporting Victims In Recovering From The Crime Of The Information Age, Jerilyn Stanley

McGeorge Law Review

No abstract provided.

A Proposal For Removing Road Blocks From The Information Superhighway By Using An Integrated International Approach To Internet Jurisdiction, Catherine P. Heaven

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Criminal Procedure: Pretrial, Trial And Appeal, M. Scott Barnard

SMU Law Review

No abstract provided.

Real World Pressures On Professionalism, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

Session Law 01-045, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Criminal Law In Cyberspace, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.

This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …

Protecting Privacy With Deceptive Trade Practices Legislation , Jeff Sovern

Fordham Law Review

No abstract provided.

Safeguarding Juror Privacy: A New Framework For Court Policies And Procedures, Paula Hannaford-Agor

Faculty Publications

This article briefly discusses the difficulty courts face in balancing the privacy of citizens summoned for jury service with the rights of litigants and the public to information about those individuals. I propose that focusing on the content of the information re­quested of prospective jurors and the purposes for which juror infor­mation is used by courts provides a more helpful analysis than the legal framework traditionally employed in case law. Specifically, I argue that distinguishing between information that is relevant and information that is not relevant to the fairness or im­partiality of prospective jurors should be the primary analytical framework …

Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

Journalists, politicians, jurists, and legal academics often describe the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big Brother - the totalitarian government portrayed in George Orwell's Nineteen Eighty-Four. Professor Solove argues that this is the wrong metaphor. The Big Brother metaphor as well as much of the law that protects privacy emerges from a longstanding paradigm for conceptualizing privacy problems. Under this paradigm, privacy is invaded by uncovering one's hidden world, by surveillance, and by the disclosure of concealed information. The harm caused by such invasions …

The Acquiescent Gatekeeper: Reputational Intermediaries, Auditor Independence And The Governance Of Accounting, John C. Coffee Jr.

Faculty Scholarship

The role of "gatekeepers" as reputational intermediaries who can be more easily deterred than the principals they serve has been developed in theory, but less often examined in practice. Initially, this article seeks to define the conditions under which gatekeeper liability is likely to work – and, correspondingly, the conditions under which it is more likely to fail. Then, after reviewing the recent empirical literature on earnings management, it concludes that the independent auditor does not today satisfy the conditions under which gatekeeper liability should produce high law compliance. A variety of explanations – poor observability, implicit collusion, and high …

Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills

UF Law Faculty Publications

Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …

A Delicate Balance: Legislation, Institutional Change, And Transnational Bribery, Steven R. Salbu

Cornell International Law Journal

No abstract provided.

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Law and Contemporary Problems

There can be no successful reform of the system of capital-raising regulation in the US without rethinking the liability regime. Reform is long overdue and can readily be accomplished in a way that does not unnecessarily compromise investor protection.

Notre Dame Lawyer - Spring 2000, Notre Dame Law School

Notre Dame Lawyer

Committed to the Common Good

Two Paths Toward Justice
Ann Claire Williams 75 J.D., '97 LL.D. and Charles Wilson 76,79 J.D.

Leading By Example - Gary Hall '96 J.D.

Honorable Kenneth F.Ripple - A Distinguished Teacher

Father Mike McCafferty Talent Show

A Winning Approach To Loss Causation Under Rule 10b-5 In Light Of The Private Securities Litigation Reform Act Of 1995 ("Pslra"), David S. Escoffery

Fordham Law Review

No abstract provided.

Watching The Watchdog: An Argument For Auditor Liability To Third Parties, Kenneth Edward Shore

SMU Law Review

No abstract provided.

Principles Of Internet Privacy, Fred H. Cate

Articles by Maurer Faculty

The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.

But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve …

Lawyers' Rules, Auditors' Rules And The Psychology Of Concealment, Richard W. Painter

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This article is an effort to rethink civil liability in capital-raising transactions by large capitalization issuers. After a brief digression about who should set liability standards, the article then addresses two related questions. The first deals with a natural question: Should not the primary regulatory effort for large issuers be to assure continuous disclosure in the secondary marketplace, given the far larger volume of such trading in that market compared to that in primary transactions? Second, if we have developed a satisfactory regime of disclosure responsibilities for this setting, what more, if anything, in terms of liability protection, is needed …

Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman

Articles & Chapters

This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …

Cyber-Crimes: A Practical Approach To The Application Of Federal Computer Crime Laws, Eric J. Sinrod, William P. Reilly

Santa Clara High Technology Law Journal

No abstract provided.

Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern

Washington Law Review

Businesses routinely buy and sell personal information about consumers. Many consumers find this objectionable, but relatively few of them opt out of that trade. This Article argues that businesses have both the incentive and the ability to increase consumers' transaction costs in protecting their privacy and that some marketers do in fact inflate those costs. Faced with this and other constraints, many consumers ultimately decide not to protect their privacy. This Article proposes several ways by which consumers' transaction costs can be reduced or eliminated.

Insider Abuse And Criminal Misconduct In Financial Institutions: A Crisis, Renae V. Stevens

Notre Dame Law Review

No abstract provided.

In Defense Of Sausage Reform: Legislative Changes To Civil Rico, Geoffrey F. Aronow

Notre Dame Law Review

No abstract provided.

Co-Operation Between Regulators And Law Enforcement: N Regulators And Law Enforcement:, Daniel P. Murphy

Penn State International Law Review (1982 - 2011)

No abstract provided.

Spawning The Sec, Henry Laurence

Indiana Journal of Global Legal Studies

No abstract provided.

Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford

Journal of the Institute for the Study of Legal Ethics

No abstract provided.