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Articles 1 - 12 of 12
Full-Text Articles in Law
The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove
The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove
Duke Law Journal
This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others. Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
Michigan Telecommunications & Technology Law Review
I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Alaska Law Review
No abstract provided.
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
Freedom Of Liberty Takes On The Right To Privacy: An Analysis Of Adams V. City Of Battle Creek, The Circuit Split, And Possible Consequences Of Anti-Terrorism Legislation, Michelle Schipke Silies
Freedom Of Liberty Takes On The Right To Privacy: An Analysis Of Adams V. City Of Battle Creek, The Circuit Split, And Possible Consequences Of Anti-Terrorism Legislation, Michelle Schipke Silies
Saint Louis University Public Law Review
No abstract provided.
The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler
The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler
Journal of Health Care Law and Policy
No abstract provided.
Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green
Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green
Vanderbilt Journal of Entertainment & Technology Law
This Note begins with an overview of the basic facets of privacy law, focusing on the tort of the public disclosure of private facts and its interaction with the First Amendment. Next, this Note explores the differences in rules for public, private, and involuntary public figures. The law of defamation is offered as a model for privacy law to emulate, specifically, the limited-purpose public figure created under Gertz and its progeny. Then, the issue of whether one's status as a public figure may diminish over the passage of time is considered. This Note posits that limited-purpose public figures should exist …
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
Fordham Law Review
No abstract provided.
Case Comment: Messenger V. Gruner + Jahr Printing And Publishing, Alina Raines
Case Comment: Messenger V. Gruner + Jahr Printing And Publishing, Alina Raines
NYLS Law Review
No abstract provided.
Privacy Lost: Comparing The Attenuation Of Texas's Article 1, Section 9 And The Fourth Amendment., Kimberly S. Keller
Privacy Lost: Comparing The Attenuation Of Texas's Article 1, Section 9 And The Fourth Amendment., Kimberly S. Keller
St. Mary's Law Journal
The Fourth Amendment to the United States Constitution requires that all searches and seizures be reasonable. Article I, Section 9 of the Texas Constitution mirrors its federal counterpart, requiring reasonableness in regard to intrusive governmental action. In examining these texts, both the federal and state provisions are comprised of two independent clauses: (1) the Reasonableness Clause, which prohibits unreasonable searches and seizures; and (2) the warrant clause, which provides that warrants may issue only upon a showing of probable cause. Both the federal and Texas constitutions include explicit language regulating the government’s right to intrude on a person’s privacy. This …
Financial Account Aggregation: The Liability Perspective, Ann S. Spiotto
Financial Account Aggregation: The Liability Perspective, Ann S. Spiotto
Fordham Journal of Corporate & Financial Law
No abstract provided.
Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez
Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez
NYLS Law Review
No abstract provided.