Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (10)
- Internet Law (9)
- Constitutional Law (7)
- Fourth Amendment (6)
- Civil Rights and Discrimination (4)
-
- Computer Law (4)
- Criminal Law (4)
- First Amendment (3)
- Science and Technology Law (3)
- Communications Law (2)
- Consumer Protection Law (2)
- Criminal Procedure (2)
- Education Law (2)
- Entertainment, Arts, and Sports Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Library and Information Science (2)
- Medical Jurisprudence (2)
- National Security Law (2)
- Social and Behavioral Sciences (2)
- Administrative Law (1)
- Comparative and Foreign Law (1)
- Gaming Law (1)
- International Law (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Institution
-
- Fordham Law School (4)
- Cornell University Law School (3)
- BLR (2)
- George Washington University Law School (2)
- Seattle University School of Law (2)
-
- Selected Works (2)
- University of Michigan Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Oklahoma College of Law (2)
- University of South Carolina (2)
- University of the District of Columbia School of Law (2)
- California Western School of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Marquette University Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Saint Louis University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Massachusetts Amherst (1)
- University of Massachusetts School of Law (1)
- University of Richmond (1)
- University of Tulsa College of Law (1)
- University of Washington School of Law (1)
- Valparaiso University (1)
- Vanderbilt University Law School (1)
- Publication
-
- Cornell Law Faculty Publications (2)
- ExpressO (2)
- Faculty Scholarship (2)
- Fordham Urban Law Journal (2)
- GW Law Faculty Publications & Other Works (2)
-
- Law Faculty Publications (2)
- Oklahoma Law Review (2)
- Scholarly Works (2)
- Seattle University Law Review (2)
- South Carolina Law Review (2)
- University of the District of Columbia Law Review (2)
- Articles (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Cornell International Law Journal (1)
- Duke Law Journal (1)
- Faculty Publications (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Fordham Law Review (1)
- Jennifer M. Urban (1)
- Journal Articles (1)
- Laura Quilter (1)
- Law Faculty Articles and Essays (1)
- Lisa R Pruitt (1)
- Marquette Sports Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- Publications (1)
- Saint Louis University Public Law Review (1)
- Publication Type
Articles 1 - 30 of 43
Full-Text Articles in Law
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Laura Quilter
No abstract provided.
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner
Jennifer M. Urban
No abstract provided.
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
Duke Law Journal
No abstract provided.
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
University of the District of Columbia Law Review
No abstract provided.
Presentation By Councilmember Kathy Patterson, Kathy Patterson
Presentation By Councilmember Kathy Patterson, Kathy Patterson
University of the District of Columbia Law Review
No abstract provided.
Privacy Concerns Regarding The Monitoring Of Instant Messaging In The Workplace: Is It Big Brother Or Just Business?, Ira David
Nevada Law Journal
No abstract provided.
Cyberspace Cartography: The Case Of On-Line Territorial Privacy, Daniel Benoliel
Cyberspace Cartography: The Case Of On-Line Territorial Privacy, Daniel Benoliel
ExpressO
Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion, as applied by courts, most notably designated two classes of excluded areas: “private” places in which the individual can expect to be free from intrusion, and “non-private” places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held almost uniformly that the tort of intrusion could not occur in a public place or in a place …
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
South Carolina Law Review
No abstract provided.
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
South Carolina Law Review
No abstract provided.
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Accommodating Technological Innovation: Identity, Genetic Testing And The Internet, Gaia Bernstein
Accommodating Technological Innovation: Identity, Genetic Testing And The Internet, Gaia Bernstein
Vanderbilt Law Review
To evaluate the need for legal change stemming from technological innovation, we need to look beyond the accommodations of specific rules to the impact of technological innovation on social structures, institutes and values. In this Article I study how social tensions created by recent technological innovations produce a need to elevate legal interest from the shadows of legal discourse into the forefront of legal debate. Specifically, I examine two innovations that are exerting significant influence on our lives-genetic testing and the Internet-and their impact on our normative conception of identity. This socially oriented approach leads to several insights.
First, I …
Profiling With Apologies, Sherry F. Colb
Profiling With Apologies, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Transnational Administration: International Data Transfers Under The European Privacy Directive, Francesca Bignami
Transnational Administration: International Data Transfers Under The European Privacy Directive, Francesca Bignami
ExpressO
No abstract provided.
School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley
School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley
Saint Louis University Public Law Review
No abstract provided.
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Law Faculty Publications
No abstract provided.
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Faculty Publications
This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Michigan Journal of Gender & Law
Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.
The Struggle Of A Democracy Against Terrorism - Protection Of Human Rights: The Right To Privacy Versus The National Interest - The Proper Balance, Emanuel Gross
Cornell International Law Journal
No abstract provided.
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Articles
Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Faculty Scholarship
This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Scholarly Works
No abstract provided.
Revisiting The Voyeurism Value In The First Amendment: From The Sexually Sordid To The Details Of Death, Clay Calvert
Revisiting The Voyeurism Value In The First Amendment: From The Sexually Sordid To The Details Of Death, Clay Calvert
Seattle University Law Review
This Article takes a fresh look at the question of "whether the First Amendment freedom of the press will protect our desire to watch against claims of invasion of privacy and other intrusive newsgathering practices [,]" and the fundamental tension between maintaining privacy and accelerating voyeurism, while addressing the notions of geographic privacy and newsworthiness that are critical in this conflict. In particular, this article surveys five specific and cutting-edge areas in the law that demonstrate the conflict between privacy and voyeurism and the legal system's struggles to reconcile the two concepts. Each of these is an area that has …
"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix
"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix
Fordham Law Review
No abstract provided.
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
Law Faculty Articles and Essays
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …
Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar
Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar
Oklahoma Law Review
No abstract provided.
Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal
Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal
Law Faculty Publications
Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
Seattle University Law Review
Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
Fordham Urban Law Journal
This article explores the ways in which the court's recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman's constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author's analysis focuses on using particular Justices' opinions (and dissents) to predict the direction of future challenges to abortion rights in front of the Supreme Court.