Law Commons^™

Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo

Charles J. Russo

Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 1st Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, Second Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you:

• Understand the implications of — and methods available for — searching personal property and employees' computers
• Create legally sound drug-testing policies
• Know what constitutes permissible student and staff searches — and what doesn't
• And more!

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

Ulf Maunsbach

No abstract provided.

When The Need To Know Outweighs Privacy: Granting Access To Child Welfare Records In The 50 States, Courtney Barclay

Courtney Barclay

In 2013, the Kansas City Star, reported that, despite thirteen years of transparency under a records disclosure law, the Missouri Department of Social Services initially declined to requests for information regarding three tragic cases of child abuse in 2012, including one fatality. The state disclosure law permits the director of DSS to release information in these kinds of cases. Yet, the Department refused to release records, citing the need to avoid “hinder[ing] the criminal justice system.” This refusal to provide information seemed contrary to more than a decade of policy since the passage of the Missouri disclosure law in 2000 …

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …

Reforming Surveillance Law: The Swiss Model, Susan Freiwald, Sylvain Metille

Susan Freiwald

Reforming Surveillance Law: The Swiss Model

Susan Freiwald & Sylvain Métille

As implemented over the past twenty-six years, the Electronic Communications Privacy Act (ECPA), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Swiss law (CrimPC) regulates law enforcement surveillance in a more comprehensive, uniform, and effective manner. This article compares the two approaches and argues that recent proposals to reform EPCA in a piecemeal fashion will not suffice. Instead, the Swiss CrimPC law presents a model for more fundamental reform of U.S. law.

This article is the first to analyze …

Western Union, The American Federation Of Labor, Google, And The Changing Face Of Privacy Advocates, Wesley Oliver

Wesley M Oliver

No abstract provided.

Digital Platforms In A Competition Law Context. A New Function Of Competition Law In The Digital Era, Vincenzo Franceschelli

Vincenzo Franceschelli

In a classical approach, competition law is a combination (or, if you prefer, a blend or a mixture) of law and economics. The ultimate traditional accepted goal of antitrust is to increase competition and consequently to protect the consumer.

In the digital era, competition law is going beyond its original objective of creating and preserving a competitive market.

Monopoly or dominant position in the digital world effects the communication system, and therefore citizen’s fundamental rights.

Freedom of expression, the right to be informed, privacy, access to information and to the net are preserved in a competitive and pluralistic market and …

Putting The Gene Back In The Bottle: Why California Needs Stronger Protection Of Genetic Privacy In The Wake Of Affordable Dna Testing, Farid Zakaria

Farid Zakaria

In recent years, many “direct-to-consumer” genetic testing companies have started offering a DNA analysis service to the public. Based on the analysis of the DNA contained in saliva, these companies are able to inform the customer about his or her likelihood of having certain traits and of developing a number of diseases. Given the sensitive nature of this kind of information, this paper considers whether it is sufficiently protected under the current legal and regulatory framework. Specifically, the paper studies whether current federal, state, and common law that protects medical and private information also guarantees the privacy of genetic information. …

Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner

Richard Warner

Informational privacy is a matter of control; it consists in the ability to control when one’s personal information is collected, how it is used, and to whom it is distributed. The degree of control we once enjoyed has vanished. Advances in information processing technology now give others considerable power to determine when personal information is collected, how it is used, and to it is whom distributed. Privacy advocates sound the alarm in regard to both the governmental and private sectors. I focus exclusively on the later. Relying on the extensive privacy advocate literature, I assume we should try to regain …

Googlestroika: Privatizing Privacy, Karl T. Muth

Karl T Muth

This is part of a slide deck from a presentation given in July 2009 in Washington, D.C. by Karl T. Muth. Those interested in discussing this material or obtaining the full slide deck should contact the author at rhetoric@uchicago.edu.

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.

From "Practical Obscurity" To Web Disclosure: A New Understanding Of Public Information (Symposium), Nancy Marder

Nancy S. Marder

No abstract provided.

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.

Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague

Robert Sprague

No abstract provided.

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

Robert Sprague

No abstract provided.

Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow

Ann Bartow

This Article starts by providing an overview of the types of personal data that is collected via the Internet, and the ways in which this information is used. The author asserts that because women are more likely to shop and share information in cyberspace, the impact of commodification of personal data disproportionately impacts females, enabling them to be "targeted" by marketing campaigns, and stripping them of personal privacy. The author then surveys the legal terrain of personal information privacy, and concludes that it is unlikely that the government will step in to provide consumers with substantive privacy rights or protections. …