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Articles 1 - 13 of 13
Full-Text Articles in Law
Comparing Gdpr Against The United States’ Approach To Data Breach Notification By Examining Texas And California And The Feasibility Of A Universal Standard, Amrit Nagi
Cybaris®
No abstract provided.
Justice David Hackett Souter And The Right To Privacy, Scott P. Johnson
Justice David Hackett Souter And The Right To Privacy, Scott P. Johnson
Mitchell Hamline Law Review
No abstract provided.
The Missouri Birth Certificate Statute: How It Strips Transgender Service Members Of Fundamental Rights And Hinders Their Ability To Serve Openly In The U.S. Military, Taylor Blevins
Mitchell Hamline Law Review
No abstract provided.
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Dobbsmacked By The Dobbs Decision: The Need For More Privacy Protection For Personal Health Information, Morgan Vanden Heuvel
Mitchell Hamline Law Review
No abstract provided.
A New Reality: Deepfake Technology And The World Around Us, Molly Mullen
A New Reality: Deepfake Technology And The World Around Us, Molly Mullen
Mitchell Hamline Law Review
No abstract provided.
Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller
Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller
Cybaris®
Following the European model of the General Data Protection Regulation (GDPR), the state of California implemented the California Consumer Privacy Act (CCPA) on January 1, 2020. The CCPA allows any California consumer to demand to see all of the information that a company has saved on them; consumers can also request a full list of all the third parties that their data is shared with, sold to, and for what commercial purpose. This paper reviews the implications of a new law on the disclosure of trade secrets like client lists and algorithms that manipulate consumers’ data. Ultimately, the issue comes …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Mitchell Hamline Law Review
No abstract provided.
Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren
Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren
Mitchell Hamline Law Review
No abstract provided.
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Faculty Scholarship
This Article explores the origins of privacy law in early twentieth century America in relation to the legal solidification of Jim Crow in the aftermath of Plessy v. Ferguson. It considers some distinctively southern aspects of the origins of the right to privacy and argues that by viewing privacy, racial defamation, and Jim Crow in relation to each other, we can gain new insights into each-coming to understand that Plessy was not just about controlling space, or property, or even equality but also about controlling identity itself, and coming to see that in its origins, the right to privacy had …
Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn
Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn
Faculty Scholarship
This article considers how existing literature on privacy recognizes, constructs and otherwise implicates something the Anglo-American legal tradition recognizes as 'identity'. Integral to this concern is approaching privacy as a regulative principle for constructing and managing relations between the individual and three primary spheres of engagement: society, the market, and the state. Contemporary analyses of privacy tend to concentrate of how privacy protects the individual from state tyranny or the prying eyes of social busy bodies. Much less attention has been paid, however, to privacy as a principle for demarcating a space beyond the reach of market forces. As privacy …
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Faculty Scholarship
Over the years, the privacy-based tort of appropriation has become eclipsed by its flashier cousin, publicity. Such is perhaps to be expected in a world where seemingly everything has been turned into a saleable commodity. When celebrities are perpetually trading on their names and images in the open market, it may seem quaint, at best, to invoke a dignity as a basis for protecting personal identity. But this is exactly what happens. In case after case, even as they demand restitution for the converted monetary value of their names and images, celebrities also invoke dignitary concerns as a prime motivation …