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Articles 1 - 25 of 25
Full-Text Articles in Law
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.
When You Cannot Just Say No: Protecting The Online Privacy Of Employees And Students, Samuel A. Thumma
When You Cannot Just Say No: Protecting The Online Privacy Of Employees And Students, Samuel A. Thumma
South Carolina Law Review
No abstract provided.
Go Tiny Or Go Home: How Living Tiny May Inadvertently Reduce Privacy Rights In The Home, Marc C. Mcallister
Go Tiny Or Go Home: How Living Tiny May Inadvertently Reduce Privacy Rights In The Home, Marc C. Mcallister
South Carolina Law Review
No abstract provided.
Facebook V. Jefferson: How Our Emerging, Networked Society Undermines Ideas Of Security And Privacy, Roy Wyman
Facebook V. Jefferson: How Our Emerging, Networked Society Undermines Ideas Of Security And Privacy, Roy Wyman
South Carolina Law Review
No abstract provided.
Carrots And Sticks In Cyberspace: Addressing Key Issues In The Cybersecurity Information Sharing Act Of 2015, Jamil N. Jaffar
Carrots And Sticks In Cyberspace: Addressing Key Issues In The Cybersecurity Information Sharing Act Of 2015, Jamil N. Jaffar
South Carolina Law Review
No abstract provided.
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …
Proximity-Driven Liability, Bryant Walker Smith
Proximity-Driven Liability, Bryant Walker Smith
Faculty Publications
This working paper argues that commercial sellers’ growing information about, access to, and control over their products, product users, and product uses could significantly expand their point-of-sale and post-sale obligations toward people endangered by these products. The paper first describes how companies are embracing new technologies that expand their information, access, and control, with primary reference to the increasingly automated and connected motor vehicle. It next analyzes how this proximity to product, user, and use could impact product-related claims for breach of implied warranty, defect in design or information, post-sale failure to warn or update, and negligent enabling of a …
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
South Carolina Law Review
No abstract provided.
Ubiquitous Privacy, Thomas P. Crocker
Opening Remarks For The Keynote Address, William C. Hubbard
Opening Remarks For The Keynote Address, William C. Hubbard
South Carolina Law Review
No abstract provided.
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Faculty Publications
No abstract provided.
Bleeding Data In A Pool Of Sharks: The Anathema Of Privacy In A World Of Digital Sharing And Electronic Discovery, Derek S. Witte
Bleeding Data In A Pool Of Sharks: The Anathema Of Privacy In A World Of Digital Sharing And Electronic Discovery, Derek S. Witte
South Carolina Law Review
No abstract provided.
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
South Carolina Law Review
No abstract provided.
Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones
Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones
South Carolina Law Review
No abstract provided.
Are Smartphones Like Footlockers Or Crumped Up Cigarette Packages - Applying The Search Incident To Arrest Doctrine To Smartphones In South Carolina Courts, Justin M. Wolcott
Are Smartphones Like Footlockers Or Crumped Up Cigarette Packages - Applying The Search Incident To Arrest Doctrine To Smartphones In South Carolina Courts, Justin M. Wolcott
South Carolina Law Review
No abstract provided.
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
Faculty Publications
This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …
Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater
Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater
South Carolina Law Review
No abstract provided.
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
Faculty Publications
The practice of email forwarding deprives email senders of privacy. Expression meant for only a specific recipient often finds its way into myriad inboxes or onto a public website, exposed for all to see. Simply by clicking the "forward" button, email recipients routinely strip email senders of expressive privacy. The common law condemns such conduct. Beginning over two-hundred-fifty years ago, courts recognized that authors of personal correspondence hold property rights in their expression. Under common-law copyright, authors held a right to control whether their correspondence was published to third parties. This common-law protection of private expression was nearly absolute, immune …
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.
A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo
A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo
Faculty Publications
This article addresses an alarming new development in the recent trend toward blaming parents for their children's unlawful acts: an Illinois criminal statute that holds parents accountable for the consensual sexual activities of their children. Although laws creating criminal parental responsibility are not new, teenage sexuality is not part of the usual repertoire of juvenile acts that parental responsibility laws have previously sought to deter. The State of Illinois is the sole pioneer in this yet uncharted territory, breaking new ground for the parental responsibility movement and transporting parental liability to new heights.
Other states may view the Illinois statute …
Privacy Protection For Consumer Transactions In Electronic Commerce: Why Self-Regulation Is Inadequate, Mark E. Budnitz
Privacy Protection For Consumer Transactions In Electronic Commerce: Why Self-Regulation Is Inadequate, Mark E. Budnitz
South Carolina Law Review
No abstract provided.
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
South Carolina Law Review
No abstract provided.
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
Torts-Limitations On The Rights Of Privacy-Privilege To Report Matters Of Public Interest, James B. Richardson Jr.
Torts-Limitations On The Rights Of Privacy-Privilege To Report Matters Of Public Interest, James B. Richardson Jr.
South Carolina Law Review
No abstract provided.