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Articles 1 - 5 of 5
Full-Text Articles in Law
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
University of Miami Law Review
Countries spend billions of dollars each year to strengthen their discursive power to shape international policy debates. They do so because in public policy conversations labels and narratives matter enormously. The “digital protectionism” label has been used in the last decade as a tool to gain the policy upper hand in digital trade policy debates about cross-border flows of personal and other data. Using the Foucauldian framework of discourse analysis, this Article brings a unique perspective on this topic. The Article makes two central arguments. First, the Article argues that the term “protectionism” is not endowed with an inherent meaning …
A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc
A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc
University of Miami International and Comparative Law Review
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Articles
No abstract provided.
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
Articles
No abstract provided.