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Full-Text Articles in Law
The Stream Of Violence: A New Approach To Domestic Violence Personal Jurisdiction, Cody Jacobs
The Stream Of Violence: A New Approach To Domestic Violence Personal Jurisdiction, Cody Jacobs
Faculty Scholarship
There is a split among state courts about whether personal jurisdiction over an alleged domestic violence perpetrator is required in order to obtain a civil protection order preventing the defendant from contacting the victim. Some courts have held that such orders interfere with the defendant’s liberty interests, and therefore personal jurisdiction is a requirement under the Due Process Clause for the validity of such orders. Other courts have held that personal jurisdiction is not required because such protection orders are analogous to custody and divorce orders which have historically been entered by courts without establishing personal jurisdiction over the other …
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Faculty Scholarship
What kinds of health information should be reported to government for civil purposes? Several competing trends encourage efforts to reassess the scope of constitutional protection for health information: the social and commercial value of health information; the amount of data held by third parties, from health care providers to internet servers; critiques of the third party doctrine exception to Fourth Amendment protection; and concerns about the loss of privacy. This article describes a variety of civil purposes for which health information is collected today. A close analysis of cases applying the third party doctrine, administrative search principles, and the special …