Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (53)
- Internet Law (16)
- Science and Technology Law (13)
- Fourth Amendment (12)
- Constitutional Law (11)
-
- Law and Society (11)
- Computer Law (9)
- Communications Law (8)
- Criminal Law (8)
- Criminal Procedure (8)
- First Amendment (8)
- Consumer Protection Law (6)
- Sexuality and the Law (6)
- Social and Behavioral Sciences (6)
- Administrative Law (5)
- Law Enforcement and Corrections (5)
- State and Local Government Law (5)
- Torts (5)
- Civil Law (4)
- Civil Procedure (4)
- Evidence (4)
- Intellectual Property Law (4)
- International Law (4)
- Legislation (4)
- Banking and Finance Law (3)
- Civil Rights and Discrimination (3)
- Commercial Law (3)
- Comparative and Foreign Law (3)
- Health Law and Policy (3)
- Institution
-
- Selected Works (12)
- Boston University School of Law (10)
- University of Colorado Law School (5)
- Vanderbilt University Law School (5)
- American University Washington College of Law (3)
-
- New York Law School (3)
- Roger Williams University (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Miami Law School (3)
- Chicago-Kent College of Law (2)
- Pepperdine University (2)
- St. John's University School of Law (2)
- St. Mary's University (2)
- University of Florida Levin College of Law (2)
- University of Michigan Law School (2)
- University of Pennsylvania Carey Law School (2)
- West Virginia University (2)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Florida International University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Maurer School of Law: Indiana University (1)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- Syracuse University (1)
- Publication
-
- Faculty Scholarship (11)
- Publications (4)
- All Faculty Scholarship (3)
- Articles & Chapters (3)
- Articles in Law Reviews & Other Academic Journals (3)
-
- Chris Jay Hoofnagle (3)
- Stephen E Henderson (3)
- Catholic University Journal of Law and Technology (2)
- Faculty Publications (2)
- UF Law Faculty Publications (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Vanderbilt Law Review (2)
- West Virginia Law Review (2)
- Akron Law Review (1)
- Articles by Maurer Faculty (1)
- Buffalo Law Review (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Christopher K. Odinet (1)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Elizabeth De Armond (1)
- FIMS Publications (1)
- Faculty Articles (1)
- Florida State University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia State University Law Review (1)
- Greg Sergienko (1)
- Joshua A.T. Fairfield (1)
- Journal of Law, Technology, & the Internet (1)
- Publication Type
Articles 61 - 87 of 87
Full-Text Articles in Law
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …
Four Principles For Digital Expression (You Won't Believe #3!), Danielle K. Citron, Neil Richards
Four Principles For Digital Expression (You Won't Believe #3!), Danielle K. Citron, Neil Richards
Faculty Scholarship
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In ACLU v. Reno (1997), the Supreme Court adopted a bold vision of Internet expression to strike down a federal law - the Communications Decency Act - that restricted digital expression to forms that were merely “decent.” Far more than the printing press, the Court explained, the mid-90s Internet enabled anyone to become a town crier. Communication no longer required the permission of powerful entities. With a network connection, the powerless had as much luck reaching a …
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
Vanderbilt Journal of Entertainment & Technology Law
This Note offers a solution to the unique privacy issues posed by the increasingly humanlike interactions users have with virtual assistants, such as Amazon's Alexa, which accompany smart-home technology. These interactions almost certainly result in the users engaging in the cognitive phenomenon of anthropomorphism--more specifically, an assignment of agency. This is a phenomenon that has heretofore been ignored in the legal context, but both the rapidity of technological advancement and inadequacy of current applicable legal doctrine necessitate its consideration now. Since users view these anthropomorphized virtual assistants as persons rather than machines, the law should treat them as such. To …
A Drone’S Eye View: Why And How The Federal Aviation Administration Should Regulate Hobbyist Drone Use, Alexandria Tomanelli
A Drone’S Eye View: Why And How The Federal Aviation Administration Should Regulate Hobbyist Drone Use, Alexandria Tomanelli
Touro Law Review
No abstract provided.
Privacy Revisited: A Global Perspective On The Right To Be Left Alone, Jon L. Mills
Privacy Revisited: A Global Perspective On The Right To Be Left Alone, Jon L. Mills
UF Law Faculty Publications
Reviewing: Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone (Oxford University Press 2016).
Byrd V United States: Unauthorized Drivers Of Rental Cars Have Fourth Amendment Rights? Not As Evident As It Seems, Tracey Maclin
Byrd V United States: Unauthorized Drivers Of Rental Cars Have Fourth Amendment Rights? Not As Evident As It Seems, Tracey Maclin
UF Law Faculty Publications
No discerning student of the Supreme Court would contend that Justice Anthony Kennedy broadly interpreted the Fourth Amendment during his thirty years on the Court. His majority opinions in Maryland v. King, Drayton v. United States and his willingness to join the three key sections of Justice Scalia’s opinion in Hudson v. Maryland, which held that suppression is never a remedy for knock-and-announce violations, are just a few examples of Justice Kennedy’s narrow view of the Fourth Amendment. In light of his previous votes in search and seizure cases, surprisingly Justice Kennedy, in what would be his final Fourth Amendment …
A Free Ride: Data Brokers'rent-Seeking Behavior And The Future Of Data Inequality, Krishnamurty Muralidhar, Laura Palk
A Free Ride: Data Brokers'rent-Seeking Behavior And The Future Of Data Inequality, Krishnamurty Muralidhar, Laura Palk
Vanderbilt Journal of Entertainment & Technology Law
Historically, researchers obtained data from independent studies and government data. However, as public outcry for privacy regarding the government's maintenance of data has increased, the discretionary release of government data has decreased or become so anonymized that its relevance is limited. Research necessarily requires access to complete and accurate data. As such, researchers are turning to data brokers for the same, and often more, data than they can obtain from the government. Data brokers base their products and services on data gathered from a variety of free public sources and via the government-created Internet. Data brokers then recategorize the existing …
Body Cameras And The Path To Redeem Privacy Law, Woodrow Hartzog
Body Cameras And The Path To Redeem Privacy Law, Woodrow Hartzog
Faculty Scholarship
From a privacy perspective, the movement towards police body cameras seems ominous. The prospect of a surveillance device capturing massive amounts of data concerning people’s most vulnerable moments is daunting. These concerns are compounded by the fact that there is little consensus and few hard rules on how and for whom these systems should be built and used. But in many ways, this blank slate is a gift. Law and policy makers are not burdened by the weight of rules and technologies created in a different time for a different purpose. These surveillance and data technologies will be modern. Many …
Saving Face: Unfolding The Screen Of Chinese Privacy Law, Tiffany Li, Jill Bronfman, Zhou Zhou
Saving Face: Unfolding The Screen Of Chinese Privacy Law, Tiffany Li, Jill Bronfman, Zhou Zhou
Faculty Scholarship
Privacy is often a subjective value, taking on meaning from specific social, historical, and cultural contexts. Western privacy scholars have so far generally limited academic study to focus on Western ideals of privacy. However, privacy – or some notion of it – can be found in almost every culture and every nation, including the growing economic powerhouse that is the People’s Republic of China. Focusing on China as a case study of non-Western privacy norms is important today, given the rapid rise of the Chinese economy and its corresponding impact on worldwide cultural norms and law. Simply put, it is …
U.S.A. Vs. The World: Right To Public Access Of Court Records And Confidentiality Concerns In Commercial Arbitration, Christopher M. Campbell
U.S.A. Vs. The World: Right To Public Access Of Court Records And Confidentiality Concerns In Commercial Arbitration, Christopher M. Campbell
South Carolina Journal of International Law and Business
No abstract provided.
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt
SMU Law Review
No abstract provided.
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
All Faculty Scholarship
For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of …
Criminal Employment Law, Benjamin Levin
Criminal Employment Law, Benjamin Levin
Publications
This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …
Data Collection, Ehrs, And Poverty Determinations, Craig Konnoth
Data Collection, Ehrs, And Poverty Determinations, Craig Konnoth
Publications
Collecting and deploying poverty-related data is an important starting point for leveraging data regarding social determinants of health in precision medicine. However, we must rethink how we collect and deploy such data. Current modes of collection yield imprecise data that is unsuited for research. Better data can be collected by cross-referencing other sources such as employers and public benefit programs, and by incentivizing and encouraging patients and providers to provide more accurate information. Data thus collected can be used to provide appropriate individual-level clinical and non-clinical care, and to systematically determine what share of social resources healthcare should consume.
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
Privacy's Double Standards, Scott Skinner-Thompson
Privacy's Double Standards, Scott Skinner-Thompson
Publications
Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.
This Article unearths disparate outcomes in public disclosure tort …
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy
Catholic University Journal of Law and Technology
In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of …
Criminal Employment Law, Benjamin Levin
Criminal Employment Law, Benjamin Levin
Scholarship@WashULaw
This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …
Cancer's Ip, Jacob S. Sherkow
Cancer's Ip, Jacob S. Sherkow
Articles & Chapters
The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …
The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick
The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick
Faculty Publications
Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that any internet user can publish freely and instantly online, many platforms actively curate the content posted by their users. How and why these platforms operate to moderate speech is largely opaque.
This Article provides the first analysis of what these platforms are actually doing to moderate online speech under a regulatory and First Amendment framework. Drawing from original interviews, archived materials, and internal documents, this Article describes how three major online platforms — Facebook, Twitter, and YouTube — …
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Stephen E Henderson
Consumer Bitcredit And Fintech Lending, Christopher K. Odinet
Consumer Bitcredit And Fintech Lending, Christopher K. Odinet
Christopher K. Odinet
Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez
Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez
Stephen E Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
Stephen E Henderson
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Elizabeth De Armond
No abstract provided.