Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (12)
- Constitutional Law (6)
- Fourth Amendment (6)
- Internet Law (6)
- Labor and Employment Law (6)
-
- Law and Society (5)
- Civil Rights and Discrimination (4)
- Computer Law (3)
- Evidence (3)
- Health Law and Policy (3)
- Intellectual Property Law (3)
- Science and Technology Law (3)
- Business Organizations Law (2)
- Civil Law (2)
- Comparative and Foreign Law (2)
- Contracts (2)
- Disability Law (2)
- Estates and Trusts (2)
- First Amendment (2)
- Law Enforcement and Corrections (2)
- Legislation (2)
- Sexuality and the Law (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Entertainment, Arts, and Sports Law (1)
- European Law (1)
- Institution
-
- Pepperdine University (12)
- American University Washington College of Law (8)
- University of Michigan Law School (6)
- Fordham Law School (3)
- Maurer School of Law: Indiana University (2)
-
- Northern Illinois University (2)
- Seattle University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Maryland Francis King Carey School of Law (2)
- University of South Carolina (2)
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Thomas University College of Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- Vanderbilt University Law School (1)
- William & Mary Law School (1)
- Publication
-
- American University Law Review (8)
- Journal of the National Association of Administrative Law Judiciary (7)
- Pepperdine Law Review (5)
- Michigan Law Review (3)
- Fordham Intellectual Property, Media and Entertainment Law Journal (2)
-
- Indiana Law Journal (2)
- Maryland Law Review (2)
- Northern Illinois University Law Review (2)
- Seattle University Law Review (2)
- South Carolina Law Review (2)
- Touro Law Review (2)
- Fordham Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Intercultural Human Rights Law Review (1)
- Journal of Law and Health (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- University of Colorado Law Review (1)
- University of Miami Inter-American Law Review (1)
- Utah OnLaw: The Utah Law Review Online Supplement (1)
- Vanderbilt Law Review (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 30 of 50
Full-Text Articles in Law
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
Michigan Journal of Race and Law
This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a constitutionally protected …
Can Condoms Be Compelling? Examining The State Interest In Confiscating Condoms From Suspected Sex Workers, Meghan Newcomer
Can Condoms Be Compelling? Examining The State Interest In Confiscating Condoms From Suspected Sex Workers, Meghan Newcomer
Fordham Law Review
Confiscating condoms from suspected sex workers leaves them at risk for HIV/AIDS, other sexually transmitted diseases, and unwanted pregnancy. Yet, police officers in New York, Washington, D.C., and Los Angeles collect condoms from sex workers to use against them as evidence of prostitution. Sometimes, the condoms are taken solely for the purpose of harassment. These actions put sex workers at risk of contracting sexually transmitted diseases because they may continue to engage in sex work without using protection.
In the landmark case of Griswold v. Connecticut, the U.S. Supreme Court established a fundamental privacy right in the use and …
Should The Default Be "Social"? Canada's Pushback Against Oversharing By Facebook, Karen Tanenbaum
Should The Default Be "Social"? Canada's Pushback Against Oversharing By Facebook, Karen Tanenbaum
Georgia Journal of International & Comparative Law
No abstract provided.
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow
Touro Law Review
No abstract provided.
Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik
Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik
Touro Law Review
This Comment focuses on the dangers of social media sites when a person gains access to another's online account through two different methods: (1) stealing the third party's password, or (2) creating a completely fake profile and subsequently impersonating that person.
Facilitando The Cloud: Data Protection Regulation As A Driver Of National Competitiveness In Latin America, Horacio Gutiérrez, Daniel Korn
Facilitando The Cloud: Data Protection Regulation As A Driver Of National Competitiveness In Latin America, Horacio Gutiérrez, Daniel Korn
University of Miami Inter-American Law Review
No abstract provided.
Power And Responsibility: Fourth Amendment Limits On The Use Of Molecular Scanners, Paul Wolfgramm Jr.
Power And Responsibility: Fourth Amendment Limits On The Use Of Molecular Scanners, Paul Wolfgramm Jr.
William & Mary Bill of Rights Journal
No abstract provided.
Protecting Speech, Protecting Privacy: The Future Costs Of U.K. Libel Claims, Adelaide Scardino Lopez
Protecting Speech, Protecting Privacy: The Future Costs Of U.K. Libel Claims, Adelaide Scardino Lopez
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.
The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.
Indiana Law Journal
“The Polysemy of Privacy” considers the highly protean nature of the concept of “privacy,” which extends to myriad disparate legal interests, including nondisclosure, generalized autonomy interests, and even human dignity. For a concept of such central importance to many systems of protecting fundamental rights, its precise contours are surprisingly ill defined. This lack of determinate meaning is not limited to the concept of privacy in the United States; virtually all legal systems that utilize privacy (or its first cousin, “dignity”) have difficulty reducing the concept into specific, carefully delineated legal interests. In some respects, privacy means everything—and nothing—at the same …
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …
Public Duties, Private Rights: Privacy And Unsubstantiated Allegations In Washington’S Public Records Act, Robert E. Miller
Public Duties, Private Rights: Privacy And Unsubstantiated Allegations In Washington’S Public Records Act, Robert E. Miller
Seattle University Law Review
Open government laws allow private citizens to monitor public servants. But this vital function of access presents a clash of competing interests: the privacy of public employees versus the public’s right to know. Washington’s Public Records Act (PRA) seeks to balance these interests, and the Washington Supreme Court has fought to adhere to the PRA’s spirit of open government while creating bright-line rules for the ease of government agencies. The Bainbridge Island Police Guild court held that investigative reports of unsubstantiated allegations of sexual misconduct against public officials are highly offensive to a reasonable person and that the public has …
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
Privacy, Jed Rubenfeld
Privacy, Jed Rubenfeld
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Privacy In The Workplace, Mark G. Flaherty
Privacy In The Workplace, Mark G. Flaherty
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Should Employers Use Polygraphs To Screen Prospective Employees?, Mark A. Rothstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski
Fordham Intellectual Property, Media and Entertainment Law Journal
The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …
Jurisdictional Challenges In The United States Government’S Move To Cloud Computing Technology, Sasha Segall
Jurisdictional Challenges In The United States Government’S Move To Cloud Computing Technology, Sasha Segall
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
Journal of the National Association of Administrative Law Judiciary
The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.
Balancing A Citizen's Right To Know With The Privacy Of An Innocent Family: The Expansion Of The Scope Of Exemption 7(C) Of The Freedom Of Information Act Under National Archives & Records Administration V. Favish, Lauren Bemis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Bleeding Data In A Pool Of Sharks: The Anathema Of Privacy In A World Of Digital Sharing And Electronic Discovery, Derek S. Witte
Bleeding Data In A Pool Of Sharks: The Anathema Of Privacy In A World Of Digital Sharing And Electronic Discovery, Derek S. Witte
South Carolina Law Review
No abstract provided.
The Fight To Frame Privacy, Woodrow Hartzog
The Fight To Frame Privacy, Woodrow Hartzog
Michigan Law Review
In his important new book, Nothing to Hide: The False Tradeoff Between Privacy and Security, Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. Solove understands that privacy is far too vital to our freedom and democracy to accept its inevitable demise. The central thesis of this Review is that Solove's polemic is a strong and desperately needed collection of frames that counterbalances the "nothing …
Looking For Trouble: An Exploration Of How To Regulate Digital Searches, Eric Yeager
Looking For Trouble: An Exploration Of How To Regulate Digital Searches, Eric Yeager
Vanderbilt Law Review
Imagine that the cybercrime division of a local police force receives a report of fraudulent credit card purchases, and after linking subpoenaed credit card records to a particular shipping address, officers obtain a warrant to search the computer of the resident for evidence of identity theft and fraud. During a preliminary search of the suspect's hard drive, the investigators discover a folder marked "preteen porno pix" filled entirely with picture and video files. Knowing that the evidence they are looking for is almost certainly contained within a text file, they have little reason to believe that opening this folder will …
Consolidated Edison Company Of New York V. Public Service Commission: Freedom Of Speech Extended To Monopolies - Is There No Escape For The Consumer?, Lynn K. Warren
Pepperdine Law Review
The author's focus is upon an opinion of the United States Supreme Court which silently extended first amendment freedoms to a corporate monopoly. The majority attempts a balancing of the monopoly utility's freedom of speech against the state's protection of the privacy interests of the ratepayers and finds the privacy interest not to be so compelling as to justify any restriction on freedom of speech. The author suggests that the privacy interest is so substantial as to be compelling and further agrees with the dissent, that because of the special position of the Consolidated Edison Company as a monopoly and …
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Northern Illinois University Law Review
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin Murphy
Michigan Law Review
When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States Code currently contains over twenty separate statutes that restrict both the acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to driver's licenses, educational records, health histories, telephone calls, email messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards - ranging from …
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
Pepperdine Law Review
The "right of publicity," a progeny of the right to privacy, has evolved into a valuable property right of the rich and famous. However, indecisive courts and disinterested legislatures have failed to arrive at any consensus on whether the "right of publicity" should be descendible and inheritable upon its owner's death. This comment seeks to evaluate the sundry arguments and policies concerning this issue, and to advocate a freely descendible 'right of publicity."
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Pepperdine Law Review
No abstract provided.
Employment Privacy Law For The 1990'S, Kurt H. Decker
Employment Privacy Law For The 1990'S, Kurt H. Decker
Pepperdine Law Review
No abstract provided.