Law Commons^™

Hipaa V. Dobbs, Wendy A. Bach, Nicolas Terry

Scholarly Works

A few days after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the Biden administration issued guidance seeking to reassure doctors and patients that the federal HIPAA Privacy Rule would allow women to feel confident that they could still seek reproductive healthcare without worrying that the information in their medical records would end up in the hands of police. As scholars focused respectively on the criminalization of poverty and reproductive conduct (Wendy Bach) and health policy and privacy (Nicolas Terry), we were less than reassured. We write this essay to emphasize how, rather than revealing the strength of …

Technology's Triple Threat To The Attorney-Client Privilege, Paula Schaefer

Scholarly Works

Three issues – volume of recorded communications, ease of dissemination, and lack of knowledge – are today’s primary technology-related threats to the attorney-client privilege. Generally speaking, attorney-client communications must be kept confidential to retain their privileged status. In the information age, the volume of recorded attorney-client communications and ease of their dissemination makes it more difficult than ever to protect against disclosure. Whether that disclosure is intentional or inadvertent, it can result in privilege waiver.

While some perceive that a gap in attorney knowledge about technology is a major threat to the privilege, that does not appear to be the …

Protecting A Business Entity Client From Itself Through Loyal Disclosure, Paula Schaefer

Scholarly Works

No abstract provided.

Overcoming Noneconomic Barriers To Loyal Disclosure, Paula Schaefer

Scholarly Works

No abstract provided.