Law Commons^™

"The Right Of Privacy", Fernando Bustos

Brigham Young University Prelaw Review

The concept of a right of privacy is one that is currently the focal point of the argument for legalized abortion, and for women's rights in general. By examining the history of this issue, along with its influence upon the U.S. Constitution, and the decisions of the U.S. Supreme Court, we will be better enabled to understand the legal debate at hand.

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.

Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison

South Carolina Law Review

No abstract provided.

Death Privacy And The Free Exercise Of Religion , Tom Stacy

Cornell Law Review

No abstract provided.

Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey

Faculty Articles and Other Publications

This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Fordham Law Review

Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …

"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni

Fordham Law Review

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …

Commerce And Trade Selling And Other Trade Practices: Prohibit Requested Information As A Condition Of Sale, Scott P. Hilsen

Georgia State University Law Review

The Act prohibits merchants from compelling a purchaser to disclose the purchaser's phone number as a contingency of a credit card sale. Merchants, as a condition of accepting a check or draft, are prohibited from imprinting the information from a purchaser's credit card on the check or draft, or in any way transcribing the purchaser's credit card number. The Act provides for acceptable business practices regarding a purchaser's telephone number or credit card number. A violator, or prospective violator, of the Act's provisions is subject to a cease and desist order or a civil penalty.

Drugs Vs. Privacy: The New Game In Sports, Charles A. Palmer

Marquette Sports Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally

Fordham Law Review

No abstract provided.

Ethereal Torts, Nancy Levit

Faculty Works

Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …

To Bedlam And Part Way Back: Anne Sexton, Her Therapy Tapes, And The Meaning Of Privacy, Tamar R. Birckhead

Tamar R Birckhead

The poet Anne Sexton committed suicide in October, 1974, at the age of forty-five. Three months earlier, she had celebrated the 21st birthday of her elder daughter, Linda Gray Sexton, and on that occasion appointed her as Sexton's literary executor. Anne Sexton provided detailed instructions in her will about the disposition of her papers. She made no mention, however, of the four audio tapes of her psychotherapy sessions that were later found. She also did not mention the over 300 therapy tapes that were still in the possession of her principal psychiatrist, Dr. Martin Orne.

After Anne Sexton's death, Linda …