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Full-Text Articles in Law
The Doctor Requirement: Griswold, Privacy, And At-Home Reproductive Care, Yvonne F. Lindgren
The Doctor Requirement: Griswold, Privacy, And At-Home Reproductive Care, Yvonne F. Lindgren
Faculty Works
Supreme Court privacy jurisprudence has traditionally offered greater protection to activities when exercised within the home. This is true in common law as well as across a broad range of constitutional claims. For example, common law privacy identifies the home as a location of solitude and repose, often conceptualized as the “right to be let alone.” Speech, or the right to be free of unwanted messages, is enhanced when the claimant is within the confines of her or his home. Fourth Amendment protections against search and seizure and the notion of the reasonable expectation of privacy are enhanced when the …
I Know What You Did Last Summer: A User’S Guide For Internet Investigations, Sean O'Brien, Quinn O'Brien
I Know What You Did Last Summer: A User’S Guide For Internet Investigations, Sean O'Brien, Quinn O'Brien
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Coauthored with licensed private investigator Quinn O'Brien, this article provides important ethical considerations, practice tips, and technical advice about the preparation, execution, preservation, and follow-up investigation of subjects using the Internet.
Twenty-First Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Thompson
Twenty-First Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Thompson
Faculty Works
The marital privilege has two parts: the testimonial privilege and the communications privilege. Originally, the testimonial privilege prevented one spouse from testifying against another. According to the United States Supreme Court, spousal disqualification sprang from two canons of medieval jurisprudence: first, the rule that an accused was not permitted to testify in his own behalf because of his interest in the proceeding; second, the concept that husband and wife were one, and that since the woman had no recognized separate legal existence, the husband was that one. Thus, if a husband were not permitted to testify, then his wife, as …
Ethereal Torts, Nancy Levit
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 …