Law Commons^™

We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland

H. Brian Holland

No abstract provided.

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.

Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison

Caren Myers Morrison

Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …

Cases For Lecture 2; Privacy, Macerata 11 March 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison

Caren Myers Morrison

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability, instead of enabling greater public understanding, risks degrading …

Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Robert Sprague, Corey Ciocchetti

Robert Sprague

This article explores the developing phenomenon of the ongoing collection and dissemination of personal identifying information (PII): first, explaining the nature and form of PII, including the consequences of its collection; second, exploring one of the greatest threats associated with data collection - unauthorized disclosure due to data breaches, including an overview of state and federal legislative reactions to the threats of data breaches and identity theft; third, discussing common law and constitutional privacy protections regarding the collection of personal information, revealing that United States privacy laws provide very little protection to individuals; and fourth, examining current practices by online …

Electronic Surveillance In The Global Workplace: Laws, Ethics, Research And Practice, Roland Kidwell, Robert Sprague

Robert Sprague

This paper considers the legal, ethical and cultural factors that must be addressed in evaluating the appropriateness of employing electronic surveillance (ES) in varying international contexts. It critically evaluates the rationale that underlies the use of ES in a variety of settings and types of organisations. It suggests guidelines for the adoption and use of ES and potential directions for future research.

Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague

Robert Sprague

No abstract provided.

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.

Frothy Chaos: Modern Data Warehousing And Old-Fashioned Defamation, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.

Bowers V. Hardwick, Vincent Samar

Vincent Samar

Lawrence V. Texas, Vincent Samar

Vincent Samar

Commercial Trusts In European Private Law, Ugo Mattei, Lionel D. Smith, Michele Graziadei

Ugo Mattei

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the …

The Common Core Of European Private Law : Essays On The Project / Edited By M. Bussani And U. Mattei., Ugo Mattei, Mauro Bussani

Ugo Mattei

European private law is in the making. Many scholarly and official projects tackle the many issues that unfold in the path of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are in the early-21st century in the landscape of European private law as the "Common Core of European Private Law Project", launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European …

Privacy Law: Cases And Materials, Vincent Samar

Vincent Samar