Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (23)
- Schulich School of Law, Dalhousie University (14)
- University of Michigan Law School (8)
- Maurer School of Law: Indiana University (7)
- Selected Works (5)
-
- University of Pennsylvania Carey Law School (5)
- Vanderbilt University Law School (5)
- University at Buffalo School of Law (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- Brigham Young University Law School (3)
- Chicago-Kent College of Law (2)
- Pace University (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of the District of Columbia School of Law (2)
- Washington and Lee University School of Law (2)
- Brooklyn Law School (1)
- California State University, San Bernardino (1)
- Columbia Law School (1)
- Florida A&M University College of Law (1)
- Georgia State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Ouachita Baptist University (1)
- United Arab Emirates University (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of New Hampshire (1)
- West Virginia University (1)
- Keyword
-
- Privacy (29)
- Data protection (6)
- Data privacy (5)
- Facebook (4)
- Information (4)
-
- Internet (4)
- Copyright (3)
- Fourth Amendment (3)
- Freedom of speech (3)
- Law reform (3)
- Privacy Law (3)
- Right of publicity (3)
- Smartphones (3)
- Access to information (2)
- Big data (2)
- Book reviews (2)
- Cloud computing (2)
- Confidentiality (2)
- Constitutional Law (2)
- Criminal Procedure (2)
- Cyberspace (2)
- Employee rights (2)
- Employees (2)
- Employers (2)
- Evidence (2)
- First Amendment (2)
- Google (2)
- International law (2)
- Legal history (2)
- Networks (2)
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (19)
- Canadian Journal of Law and Technology (11)
- All Faculty Scholarship (8)
- Articles by Maurer Faculty (6)
- Journal Articles (4)
-
- Vanderbilt Journal of Entertainment & Technology Law (4)
- Faculty Scholarship (3)
- Michigan Telecommunications & Technology Law Review (3)
- UIC Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- Articles, Book Chapters, & Popular Press (2)
- BYU Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Michigan Law Review (2)
- Publications (2)
- University of the District of Columbia Law Review (2)
- Alberto Bernabe (1)
- Articles (1)
- Brigham Young University Education and Law Journal (1)
- Chicago-Kent Law Review (1)
- Dissertations (1)
- Faculty Articles and Papers (1)
- Faculty Publications By Year (1)
- Federal Communications Law Journal (1)
- Georgia Law Review (1)
- Honors Theses (1)
- Journal Publications (1)
- LLM Theses (1)
- Law Faculty Scholarship (1)
- Marc Linder (1)
- Publication Type
- File Type
Articles 31 - 60 of 104
Full-Text Articles in Law
Privacy, Copyright, And Letters, Jeffrey L. Harrison
Privacy, Copyright, And Letters, Jeffrey L. Harrison
UF Law Faculty Publications
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
Faculty Scholarship
No abstract provided.
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
University of Michigan Journal of Law Reform Caveat
In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account. Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information. Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking …
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Michigan Telecommunications & Technology Law Review
This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …
Property As Control: The Case Of Information, Jane B. Baron
Property As Control: The Case Of Information, Jane B. Baron
Michigan Telecommunications & Technology Law Review
If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
Tax Competition And The Case Of Bank Secrecy Rules: New Trends In International Tax Law, Linneu De Albuquerque Mello
Tax Competition And The Case Of Bank Secrecy Rules: New Trends In International Tax Law, Linneu De Albuquerque Mello
SJD Dissertations
The current integration of world markets has led to an increase in the competition for businesses in addition to the competition for passive investments that already existed. In addition, the current financial crisis led countries to search for additional sources of revenue in order to work within their budget constraints. As tax is an area where such competition is more visible, it has also generated an effort – mainly from industrialized countries and international organizations – to curb tax practices deemed harmful to world economy. Bank secrecy rules and lack of transparency are aspects of these "harmful" tax practices. This …
The Once And Future Networked Self, Steven Wilf
The Once And Future Networked Self, Steven Wilf
Faculty Articles and Papers
No abstract provided.
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
All Faculty Scholarship
Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …
Big Brother Has Big Shoulders: Defining Privacy In The Face Of E-Discovery Expansion And Foia Reform, Natnael Moges
Big Brother Has Big Shoulders: Defining Privacy In The Face Of E-Discovery Expansion And Foia Reform, Natnael Moges
Public Interest Law Reporter
No abstract provided.
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?, Michael Keliher
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?, Michael Keliher
LLM Theses
There are currently over 900 million Facebook users worldwide (and counting). With increased use of social networking comes new concerns for personal privacy and control of social networking information. More and more, Facebook activity trickles its way into offline contexts, perhaps none more so than the employment context. A new trend in the hiring process is social networking background checks, where some employers go so far as to request a candidate's Facebook password. Not only this, but the frequency of Facebook activity resulting in employment law disputes is increasing, and has even been found to constitute sufficient grounds for discipline …
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
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
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Giving Credit Where Credit Is Due: A Comment On The Theoretical Foundation And Historical Origin Of The Tort Remedy For Invasion Of Privacy, 29 J. Marshall J. Computer & Info. L. 493 (2012), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
UIC John Marshall Journal of Information Technology & Privacy Law
In a large and complex society, anti-social behavior cannot be restrained by government intervention alone—without it becoming a police state. Informal social controls are necessary to keep deviance from societal norms and values at a socially acceptable level, and one of the levers of this social pressure is the observation of and reaction to the personal conduct of members of one’s community.
This article argues that in several areas of contemporary American life decreasing privacy by strengthening informal social controls will lessen the need for state surveillance and regulation, which tends to be act with a heavier hand and is …
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, 29 J. Marshall J. Computer & Info. L. 594 (2012), Steve Silver
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
UIC John Marshall Journal of Information Technology & Privacy Law
Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.