Law Commons^™

The Ninth Amendment: An Underutilized Protection For Reproductive Choice, Layne Huff

Journal of Law and Health

Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers’ concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated …

Protecting The Information Privacy Of Litigants During Remote Trials Before Uae Courts, Moustafa Kandeel

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This paper analyzes the increasing trend of courts in various countries towards using technology in litigation. Consequently, it is now reasonable to say that there is an integrated legal regulation of a remote trial. The paper stresses that the remote trial system applied before the UAE courts requires the use of court-specific systems and programs to process the personal data of litigants, defendants, victims, and witnesses as well as the data of the subject matter of the dispute. Therefore, this paper highlights the importance of applying information security rules during remote trials and taking all necessary precautions to protect data …

Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek

Touro Law Review

No abstract provided.

Policy-Making, Technology And Privacy In India, Subhajit Basu

Indian Journal of Law and Technology

There is a preconceived assumption that privacy laws in India are notoriously weak. This unquestioned assumption is based on a paradigm that does not take into consideration that the conception of privacy in India is influenced by its ‘culture of trust.’ Unfortunately, rather than looking into the specific societal, political and economic factors triggering the controversy, privacy researchers in the West have constantly varied the meaning and extent of the ‘right to privacy’ to bolster their argument. This article offers an explanation for why ‘umbrella’ data privacy legislation similar to the E.U. Data Protection Directive should not be enacted by …

Inside The Machine: Constitutionality Of India’S Surveillance Apparatus, Bedavyasa Mohanty

Indian Journal of Law and Technology

(This article was published prior to the Puttaswamy judgement) This paper seeks to analyse the nuances of some of those laws and tools that enable the State to keep a constant watch over its citizens’ activities. It also attempts to test the validity of the State’s surveillance powers against the principles of liberty and justice enshrined in the Indian Constitution. In doing so, the author aims to challenge the archaic foundations of Indian surveillance laws while drawing attention to areas that are in need of re-examination or, in some cases, complete overhaul. Part II of the paper is a brief …

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

The Privacy Cost Of Currency, Karin Thrasher

Michigan Journal of International Law

Banknotes, or cash, can be used continuously by any person for nearly every transaction and provide anonymity for the parties. However, as digitization increases, the role and form of money is changing. In response to pressure produced by the increase in new forms of money and the potential for a cashless society, states are exploring potential substitutes to cash. Governments have begun to investigate the intersection of digitization and fiat currency: Central Bank Digital Currencies (“CBDC”).

States have begun researching and developing CBDCs to serve in lieu of cash. Central banks are analyzing the potential for a CBDC that could …

Perez V. City Of Roseville: Constitutional Protection For The Public Employee In Matters Pertaining To Sex, Allyson M. Mccain

Golden Gate University Law Review

Section I of this Note summarizes both of the Ninth Circuit’s opinions in the Perez matter. Section II analyzes the need to prevent the government employer from intruding on its employees’ personal autonomy rights. Section III discusses why the court’s second opinion is problematic. Section IV demonstrates why the Ninth Circuit’s first opinion is an appropriate application of the law considering the facts of the case. Section V argues that the test furthered by the first Perez decision should be used as a standard going forward. Finally, Section VI illustrates how competing decisions in other circuits would have been decided …

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 …

The Right To Be And Become: Black Home-Educators As Child Privacy Protectors, Najarian R. Peters

Michigan Journal of Race and Law

The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not exclusively meant to protect one’s body or physical property. Privacy rights were protective of “the products and the processes of the mind” and the “inviolate personality.” Privacy was further understood to protect the ability to “live one’s life as one chooses, free from assault, intrusion or …

The Web Of Legal Protections For Participants In Genomic Research, Leslie E. Wolf, Erin Fuse Brown, Ryan Kerr, Genevieve Razick, Gregory Tanner, Brett Duvall, Sakinah Jones, Jack Brackney, Tatiana Posada

Health Matrix: The Journal of Law-Medicine

The identification and arrest of the Golden State Killer using DNA uploaded to an ancestry database occurred shortly before recruitment for the National Institutes of Health’s (NIH) All of Us Study commenced, with a goal of enrolling and collecting DNA, health, and lifestyle information from one million Americans. It also highlighted the need to ensure prospective research participants that their confidentiality will be protected and their materials used appropriately. But there are questions about how well current law protects against these privacy risks. This article is the first to consider comprehensively and simultaneously all the federal and state laws offering …

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.

Privacy And Outrage, Jordan M. Blanke

Journal of Law, Technology, & the Internet

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process.

The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to …

Hogan V. Gawker: A Leg-Drop On The First Amendment, Aubrey Morin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Violating Victims’ Right To Privacy And Personal Autonomy Under Virginia’S New Mandatory Reporting Requirements, Anne P. Steel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase …

The Dark Web: Some Thoughts For An Educated Debate, Vanessa Henri

Canadian Journal of Law and Technology

The ‘‘dark web” is a part of cyberspace that is only accessible through an anonymity software, such as The Onion Router. This encrypted network has prompted important legal challenges. As jurisprudence develops, many factors are at risk of inhibiting users’ right to privacy. Misunderstandings of the dark web’s functioning or myths regarding its veil of anonymity has justified invasive criminal investigations that has threatened users’ right to remain anonymous online. This article discusses these challenges while analyzing current legal developments in the United States and Canada.

From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling

SMU Law Review

No abstract provided.

The Right To Be Forgotten, Lisa Owings

Akron Intellectual Property Journal

This Article advocates a new test for balancing free speech and privacy interests online. There should be a three-prong test for whether, and under what circumstances, a user may request deletion of online data under the right to be forgotten. First, if the information is the publication of a private fact that is offensive to a reasonable person and not newsworthy, it should never be published unless the individual chooses to do so. Second, if individuals posted the information about themselves or as an expression of their opinion, they should have the right to remove it. This should apply not …

The Right To Attention, Jasper L. Tran

Indiana Law Journal

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.

This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …

Missed Opportunities: The Unrealized Equal Protection Framework In Maher V. Roe And Harris V. Mcrae, Amelia Bailey

Michigan Journal of Gender & Law

This Note focuses on two cases, Maher v. Roe and Harris v. McRae, and argues that they represent watershed moments in the reproductive rights movement because they positioned abortion as a fundamental right in name only. In both cases, the Supreme Court sanctioned severe funding restrictions and refused to grant poor women the right to state and federal assistance for elective and “nontherapeutic” abortions. “Non-therapeutic abortion” refers to those abortions performed or induced when the life of the mother is not endangered if the fetus is carried to term or when the pregnancy of the mother is not the …

The Revised Uniform Fiduciary Access To Digital Assets Act: Has The Law Caught Up With Technology?, Elizabeth Sy

Touro Law Review

No abstract provided.

Not In My Hospital: The Future Of State Statutes Requiring Abortion Providers To Maintain Admitting Privileges At Local Hospitals, Daniel J. Glass

Akron Law Review

In recent years, state legislatures have enacted a variety of restrictive statutes making it more difficult for abortion providers to serve their patients, typically in the name of health and safety. Those opposing these restrictive statutes commonly refer to them as Targeted Regulation of Abortion Providers (TRAP) laws. This Note discusses admitting privileges statutes, which require that abortion providers maintain permissions with a local hospital to admit and treat their patients. Admitting privileges statutes have been challenged in federal courts, but the resulting decisions have been inconsistent. This Note compares the analysis used by federal circuits and district courts in …

Abortion, Parental And Spousal Consent, Requirements; Right To Privacy; Planned Parenthood Of Central Missouri V. Danforth, Sharon L. Long, Patricia Ravenscraft

Akron Law Review

TWO MISSOURI-LICENSED physicians and Planned Parenthood of Central Missouri, a nonprofit corporation, originally brought this suit in U.S. District Court for the Eastern District of Missouri to challenge the constitutionality of the Missouri abortion statute' (hereinafter referred to as the Act). Striking as "overbroad" only that portion of the Act which would have required physicians to attempt to save an aborted fetus' life at any stage of pregnancy, the district court upheld the sections of the statute which required that during the first 12 weeks of pregnancy, a married woman seeking an abortion must have the consent of her spouse,' …

Abortion, Parental And Spousal Consent, Requirements; Right To Privacy; Planned Parenthood Of Central Missouri V. Danforth, Sharon L. Long, Patricia Ravenscraft

Akron Law Review

TWO MISSOURI-LICENSED physicians and Planned Parenthood of Central Missouri, a nonprofit corporation, originally brought this suit in U.S. District Court for the Eastern District of Missouri to challenge the constitutionality of the Missouri abortion statute' (hereinafter referred to as the Act). Striking as "overbroad" only that portion of the Act which would have required physicians to attempt to save an aborted fetus' life at any stage of pregnancy,2 the district court upheld the sections of the statute which required that during the first 12 weeks of pregnancy, a married woman seeking an abortion must have the consent of her spouse,' …

Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim

Touro Law Review

No abstract provided.

Right To Privacy; Removal Of Life-Support Systems; Leach V. Akron General Medical Center, Stephanie Zembar

Akron Law Review

The decision in Leach v. Akron General Medical Center, marked Summit County's acceptance of the trend allowing the removal of life support systems from an incompetent terminally ill patient. Technological advancements have enabled the medical profession to maintain a person indefinitely in a chronic vegetative state. These advancements have blurred traditional definitions of death and have raised legal, medical and ethical questions to be resolved within our court system. The Leach case was one of first impression in Ohio, and the decision should aid in establishing a framework from which members of the legal and medical professions, as well …

Banking On Biometrics: Your Bank's New High-Tech Method Of Identification May Mean Giving Up Your Privacy, Lisa Jane Mcguire

Akron Law Review

This Comment investigates privacy implications stemming specifically from the use of biometrics in the banking industry. Part II of this comment defines biometrics. The various types of, and uses for, this technology are presented in this section. Part III investigates the right to privacy. The history of the right of an individual to protect her privacy is then presented, and the sources of this fundamental right are identified. Part IV details the modern trend of the use of biometrics in the banking industry. An analysis is then made concerning the implications of privacy protection of this information. This comment concludes …

Billings Gazette V. City Of Billings: Examining Montana's New Exception To The Public's Right To Know, Adam Wade

Montana Law Review

No abstract provided.

County Court, Nassau County, People V. Lacey, Nicholas Melillo

Touro Law Review

No abstract provided.