Open Access. Powered by Scholars. Published by Universities.®
- Institution
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- Selected Works (40)
- UIC School of Law (18)
- Schulich School of Law, Dalhousie University (13)
- The University of Akron (10)
- University of Richmond (9)
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- Washington and Lee University School of Law (9)
- University of Washington School of Law (7)
- Loyola University Chicago, School of Law (6)
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- University at Buffalo School of Law (4)
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- Loyola Marymount University and Loyola Law School (3)
- Northwestern Pritzker School of Law (3)
- Seattle University School of Law (3)
- Singapore Management University (3)
- University of Colorado Law School (3)
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- Keyword
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- Privacy (67)
- Surveillance (21)
- Fourth Amendment (15)
- Internet (12)
- Technology (10)
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- NSA (9)
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- FTC (7)
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- Edward Snowden (6)
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- Drones (5)
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- Law (5)
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- Big data (4)
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- Cybersurveillance (4)
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- Electronic surveillance (4)
- Freedom of the press (4)
- Robots (4)
- United States v. Jones (4)
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- Publication
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- UIC John Marshall Journal of Information Technology & Privacy Law (15)
- Faculty Scholarship (13)
- David E. Sorkin (11)
- Akron Law Review (10)
- Canadian Journal of Law and Technology (9)
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- Washington and Lee Law Review (9)
- Articles (8)
- Faculty Publications (6)
- Loyola University Chicago Law Journal (6)
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- Articles & Chapters (4)
- Articles by Maurer Faculty (4)
- Catholic University Journal of Law and Technology (4)
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- Journal Articles (3)
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- Publications (3)
- Rod Smolla (3)
- Seattle University Law Review (3)
- UIC Law Review (3)
- Washington Law Review (3)
- Ann M. Lousin (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
- Buffalo Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Publication Type
Articles 1 - 30 of 238
Full-Text Articles in Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Catholic University Journal of Law and Technology
No abstract provided.
Outing Privacy, Scott Skinner-Thompson
Outing Privacy, Scott Skinner-Thompson
Northwestern University Law Review
The government regularly outs information concerning people’s sexuality, gender identity, and HIV status. Notwithstanding the implications of such outings, the Supreme Court has yet to resolve whether the Constitution contains a right to informational privacy—a right to limit the government’s ability to collect and disseminate personal information.
This Article probes informational privacy theory and jurisprudence to better understand the judiciary’s reluctance to fully embrace a constitutional right to informational privacy. The Article argues that while existing scholarly theories of informational privacy encourage us to broadly imagine the right and its possibilities, often focusing on informational privacy’s ability to promote individual …
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Lorrie F Cranor
We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Buffalo Law Review
No abstract provided.
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Journal Articles
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
Newsroom: Logan On Drone Law, Roger Williams University School Of Law
Newsroom: Logan On Drone Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The First Amendment And The Rpas, Caren M. Morrison
The First Amendment And The Rpas, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Seattle University Law Review
A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …
Of Third-Party Bathwater: How To Throw Out The Third-Party Doctrine While Preserving Government's Ability To Use Secret Agents, Amy L. Peikoff
Of Third-Party Bathwater: How To Throw Out The Third-Party Doctrine While Preserving Government's Ability To Use Secret Agents, Amy L. Peikoff
St. John's Law Review
(Excerpt)
In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr's defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, …
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Alberto Bernabe
No abstract provided.
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, Masoud Ostovan
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, Masoud Ostovan
masoud ostovan
The nature of banking pay late penalties and the possibility of its adjustment in the banking system in Iran.
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Law School Blogs
No abstract provided.
Taxonomy Of The Snowden Disclosures, Margaret Hu
Taxonomy Of The Snowden Disclosures, Margaret Hu
Faculty Publications
This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
Loyola of Los Angeles Entertainment Law Review
This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Loyola of Los Angeles Entertainment Law Review
This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Dalhousie Law Journal
This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …
Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley
Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley
Faculty and Staff Publications – Milner Library
The Wisconsin School for Girls collection housed in the Wisconsin Historical Society (WHS) archives contains a variety of documents from the institution’s period of operation. Inmates who were admitted to the institution were predominately juvenile females at the time of the records’ creation; because of this, the contents of the records are protected by Wisconsin state statutes, which mandate restricted access for patrons as well as limitations on the use of the information contained within the records. This article examines how the restrictions on the collection continue to protect the privacy of the inmates and their descendants, what procedures WHS …
Regulating Real-World Surveillance, Margot E. Kaminski
Regulating Real-World Surveillance, Margot E. Kaminski
Washington Law Review
A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state’s interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression. This Article identifies the government interest in enacting laws governing surveillance by private …
Appropriate(D) Moments, Richard H. Chused
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Do-It-Yourself Privacy: The Need For Comprehensive Federal Privacy Legislation With A Private Right Of Action, Alec Wheatley
Do-It-Yourself Privacy: The Need For Comprehensive Federal Privacy Legislation With A Private Right Of Action, Alec Wheatley
Golden Gate University Law Review
This Comment will argue that there is a significant gap in federal privacy law that must be addressed. New federal legislation is needed to fill this gap and would be preferable to a mishmash of potentially conflicting state laws currently in development that will make compliance more difficult for companies that do business online. The incorporeal nature of the Internet also cuts against relying on state legislation, because it makes it difficult to determine the proper jurisdiction for a claimed privacy violation, creating complex choice-of-law disputes.
El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba
El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El presente estudio contiene una teoría general del derecho de los secretos, que sirve para determinar el peso específico de cada secreto, a efectos de realizar una correcta ponderación de derechos. La teoría explica las relaciones que existen entre los diversos tipos de secreto, utilizando y desarrollando la teoría del cono de García Morente, que se muestra como una herramienta apropiada para dilucidar cuándo hay derecho al secreto, cuando no lo hay y en qué medida. La metodología utilizada es inductiva. El análisis se estructura de la siguiente manera: (i) se recapitula la teoría general del derecho de los secretos; …
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Nevada Law Journal
No abstract provided.