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Articles 1 - 30 of 81
Full-Text Articles in Law
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
William & Mary Journal of Race, Gender, and Social Justice
Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …
Private Rights Of Action In Privacy Law, Lauren Henry Scholz
Private Rights Of Action In Privacy Law, Lauren Henry Scholz
William & Mary Law Review
Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate the …
Taking The Lead: A Strategic Analysis Of Stealthing And The Best Route For Potential Civil Plaintiffs To Recover, Mckenney Cornett
Taking The Lead: A Strategic Analysis Of Stealthing And The Best Route For Potential Civil Plaintiffs To Recover, Mckenney Cornett
William & Mary Journal of Race, Gender, and Social Justice
A pervasive trend invading the sexual interactions between men and women, and homosexual men, is “stealthing” or “nonconsensual condom removal.” Stealthing garnered national and legal attention following Alexandra Brodsky’s article and study concerning the practice published in 2017. A typical stealthing case involves an initial, consensual sexual relationship between two parties predicated on the use of contraception. During the act, the partner removes the condom without the knowledge or consent of their sexual partner.
Despite its widespread impact, there has yet to be a criminal or civil case concerning nonconsensual condom removal brought in the United States, and the legislature …
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
William & Mary Journal of Race, Gender, and Social Justice
This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …
A New Compact For Sexual Privacy, Danielle Keats Citron
A New Compact For Sexual Privacy, Danielle Keats Citron
William & Mary Law Review
Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies, and nude photos. Individuals hardly appreciate the extent of the monitoring, and even if they did, little could be done to curtail it. What is big business for firms is a big risk for individuals. Corporate intimate surveillance undermines sexual privacy—the social norms that manage access to, and information about, human bodies, sex, sexuality, gender, and sexual and reproductive health. At stake is sexual autonomy, self-expression, dignity, intimacy, and equality. So are people’s jobs, housing, insurance, and other life opportunities. …
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis
William & Mary Bill of Rights Journal
No abstract provided.
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley
William & Mary Law Review
No abstract provided.
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements, Abigail Stephens
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements, Abigail Stephens
William & Mary Bill of Rights Journal
No abstract provided.
The Deliberative-Privacy Principle: Abortion, Free Speech, And Religious Freedom, B. Jessie Hill
The Deliberative-Privacy Principle: Abortion, Free Speech, And Religious Freedom, B. Jessie Hill
William & Mary Bill of Rights Journal
No abstract provided.
No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining
No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining
William & Mary Journal of Race, Gender, and Social Justice
This Article considers the impact of a hypothetical nonconsensual pornography victim’s previous sexual history on potential legal remedies, both criminal and civil. Due to jury bias and the difficulty in proving standard elements of many claims, the research shows that such a victim would likely be unsuccessful in court. This Article then turns to two legal concepts from related fields—the incremental harm doctrine and rape shield laws—and considers what effect their application would have on the hypothetical victim’s case. Ultimately, the author presents an argument for the logical expansion of rape shield laws to cases of nonconsensual pornography.
Digital Gold: Cybersecurity Regulations And Establishing The Free Trade Of Big Data, Victoria Conrad
Digital Gold: Cybersecurity Regulations And Establishing The Free Trade Of Big Data, Victoria Conrad
William & Mary Business Law Review
Data is everywhere. With more than ten billion Internetenabled devices worldwide, each day individuals create a flood of information that is transferred onto the Internet as big data. Businesses that have the resources to capture and utilize data can better understand their consumers, allowing for reinforcement of customer relationship management, improvements to the management of operational risk, and enhancement of overall firm performance. However, big data’s advantages come with high costs. The cost of organization and storage coupled with the fact that no legal principle allows for any sort of property rights in big data creates a “digital divide” between …
Adapting Bartnicki V. Vopper To A Changing Tech Landscape: Rebalancing Free Speech And Privacy In The Smartphone Age, Andrew E. Levitt
Adapting Bartnicki V. Vopper To A Changing Tech Landscape: Rebalancing Free Speech And Privacy In The Smartphone Age, Andrew E. Levitt
William & Mary Bill of Rights Journal
No abstract provided.
Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy, Elizabeth Mincer
Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy, Elizabeth Mincer
William & Mary Bill of Rights Journal
No abstract provided.
Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison
Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison
William & Mary Bill of Rights Journal
When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.
Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out …
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
William & Mary Bill of Rights Journal
This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination …
‘Relational Privacy’ & Tort, Stuart Hargreaves
‘Relational Privacy’ & Tort, Stuart Hargreaves
William & Mary Journal of Race, Gender, and Social Justice
This Article argues that the current interpretation given to the four-part invasion of privacy framework by the courts is inadequate in the face of modern privacy challenges. In particular, it struggles with claims for privacy over public matters or other ‘non-secret’ matters that an individual may nonetheless have some ongoing privacy interest in. This Article suggests that this struggle is the result of the courts adopting a fixed, binary approach to privacy, which is itself grounded in a liberal-individualistic account of autonomy. While this may be a natural response to concerns about limiting the scope of the tort, it is …
Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten
Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten
William & Mary Bill of Rights Journal
No abstract provided.
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill
Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill
William & Mary Law Review
No abstract provided.
Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Real Rules Of "Search" Interpretations, Luke M. Milligan
The Real Rules Of "Search" Interpretations, Luke M. Milligan
William & Mary Bill of Rights Journal
The Supreme Court tells us that a Fourth Amendment “search” is a matter of “reasonable expectations of privacy.” Scholars meanwhile debate “search” on the axes of value, doctrine, institutionalism, interpretation, and judicial politics. Yet neither prevailing judicial doctrine nor normative academic discourse has had much impact on the Court’s actual “search” interpretations. This article suggests that this static between “paper” rules and “real” rules (and, more generally, normative prescriptions and judicial decisionmaking) is a function of a deep constraint on the judiciary’s capacity to form “search” doctrine in free accordance with evolving juridical and policy norms. This constraint is one …
Neuroscience In The Courtroom: An International Concern, Dominique J. Church
Neuroscience In The Courtroom: An International Concern, Dominique J. Church
William & Mary Law Review
No abstract provided.
Katz Cradle: Holding On To Fourth Amendment Parity In An Age Of Evolving Electronic Communication, Christopher R. Brennan
Katz Cradle: Holding On To Fourth Amendment Parity In An Age Of Evolving Electronic Communication, Christopher R. Brennan
William & Mary Law Review
No abstract provided.
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
William & Mary Law Review
No abstract provided.
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
William & Mary Law Review
No abstract provided.
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
William & Mary Law Review
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’srights, even when context and demonstrated capacity would supportaffirmation of those rights. Context involves both the physical settingin which Fourth Amendment protections are sought and the nature of the privacy interest at …
Mrs. Mcintyre's Persona: Brining Privacy Theory To Election Law, William Mcgeveran
Mrs. Mcintyre's Persona: Brining Privacy Theory To Election Law, William Mcgeveran
William & Mary Bill of Rights Journal
No abstract provided.
Campaign Disclosure, Privacy And Transparency, Deborah G. Johnson, Priscilla M. Regan, Kent Wayland
Campaign Disclosure, Privacy And Transparency, Deborah G. Johnson, Priscilla M. Regan, Kent Wayland
William & Mary Bill of Rights Journal
No abstract provided.
Internet Voting, Security, And Privacy, Jeremy Epstein
Internet Voting, Security, And Privacy, Jeremy Epstein
William & Mary Bill of Rights Journal
No abstract provided.
Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes
Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes
William & Mary Law Review
No abstract provided.