Law Commons^™

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

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

Catholic University Journal of Law and Technology

No abstract provided.

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 …

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Buffalo Law Review

No abstract provided.

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

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, …

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 …

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

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 …

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 …

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.

Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman

Nevada Law Journal

No abstract provided.

Taxonomy Of The Snowden Disclosures, Margaret Hu

Washington and Lee Law Review

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 …

Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner

Nevada Law Journal

No abstract provided.

Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich

Touro Law Review

No abstract provided.

Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim

Touro Law Review

No abstract provided.

Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland

Touro Law Review

No abstract provided.

Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi

Touro Law Review

No abstract provided.

The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez

Touro Law Review

No abstract provided.

Whose Line Is It Anyway? Probable Cause And Historical Cell Site Data, Megan L. Mckeown

Notre Dame Law Review

This Note argues that the “specific and articulable facts” standard does not accord with the intent of the drafters of the Fourth Amendment to protect individuals’ reasonable expectation of privacy. Although allowing the government access to historical cell site data to use as evidence in a criminal proceeding aids law enforcement, legislators must recognize the risks that flow from allowing the government to retrieve cell phone location information without probable cause. At least one study suggests that the public is losing confidence in their ability to control personal information, ultimately creating public discomfort with and suspicion of government surveillance. If …

The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley

Akron Law Review

This comment will examine the Supreme Court's spring, 1978 decisions as they affected first amendment rights, and will assess their impact upon the press. Particular emphasis will be placed on Zurcher v. Stanford Daily as it affects first amendment, as well as fourth amendment, protections.

Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio

Akron Law Review

It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.

In Re Barzak: Access To Children Services Board Files, David Hazelkorn

Akron Law Review

In the recent court decision, In re Barzak, the Trumbull County Court of Appeals ruled that parents in child abuse, neglect, or dependency proceedings have a right of reasonable access to Children Services Board investigation files. While this was a case of first impression in Ohio, it puts state law in line with that of other jurisdictions.

Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt

Akron Law Review

This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.

Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten

Akron Law Review

This Note will initially discuss the historical background of the knock and announce principle and its evolution from the English common law. Next, the Note will address the facts and the holdings of Wilson, in the lower courts and the Supreme Court. Finally, the Note will analyze the Wilson decision and its precedential value.

False Light Invasion Of Privacy In Docudramas: The Oxymoron Which Must Be Solved, Matthew Stohl

Akron Law Review

According to Giardello, boxing historians, and even Rubin “Hurricane” Carter, himself, the opening sequence of The Hurricane — which purports to tell the “true story” of Carter’s unjust imprisonment — was not only far from being accurate, it was a complete falsity. In reality, the fight was a lopsided Giardello victory, to the delight of the 6,000 fans in attendance.

Joey Giardello, who knew nothing of the movie until the day he saw it in the theater, filed suit on February 16, 2000 against Universal Pictures claiming that the film inaccurately portrayed him as a weak fighter and the beneficiary …

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

Standing And Covert Surveillance, Christopher Slobogin

Pepperdine Law Review

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …