Law Commons^™

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Faculty Publications

An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …

Privacy Issues Dealing With Technology : A Review Of The Literature, Kimberly S. Mccoy

Graduate Research Papers

The sophisticated applications of technology are expanding everyday. Unfortunately, so are the many concerns individuals in society are having about their right to privacy. The actual regulations dealing with one's right to privacy has not expand as rapidly as the applications of technology. Individuals using various types of technology are under the assumption their activities are private; however, this is not the case. It does not seem to matter if you are using a computer for communications work, school, or in the "privacy" of your own home, there is absolutely no privacy when dealing with this type of technology.

This …

Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards, Christopher Slobogin

Vanderbilt Law School Faculty Publications

As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, so feedback could have an impact. Indeed, it is anticipated that the content of at least some of the standards will change prior to their submission to the House of Delegates...The work of the Task Force on Technology and Law Enforcement has persuasively demonstrated that some regulatory structure governing the use of physical surveillance technology is necessary. This work provides a model for future attempts to establish guidelines for other …

Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg

Faculty Scholarship

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of …

Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager

Faculty Scholarship

Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …