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Full-Text Articles in Law
How To Skip The Constitution, David Cole
How To Skip The Constitution, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Comment: Copyright's Public-Private Distinction, Julie E. Cohen
Comment: Copyright's Public-Private Distinction, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
I would like to focus my remarks on the question of user privacy. In her fascinating paper for this Symposium, Professor Litman expresses a guarded optimism that in its forthcoming decision in MGM v. Grokster, I the Court will retain the staple article of commerce doctrine that it first articulated in Sony. She opines, however, that the user privacy strand of the Sony decision is a lost cause. I don't believe that it's possible to retain the staple article of commerce doctrine while abandoning user privacy. At least in the realm of networked digital technologies, the two concepts are inextricably …
Drm And Privacy, Julie E. Cohen
Drm And Privacy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law …
Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen
Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
This essay does not attempt to specify the privacy rights that users might assert against the purveyors of DRM systems. Instead, it undertakes a very preliminary, incomplete exploration of several questions on the "property" side of this debate. What is the relationship between rights in copyrighted works and rights in things or collections of bits embodying works? In particular, as the (popular and legal) understanding of copies of works as residing in "things" becomes largely metaphorical, how should the law construct and enforce boundedness with respect to those copies? Does the calculus of property and contract allow for consideration of …
The Nationalization Of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., Lauren Marks
The Nationalization Of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., Lauren Marks
Georgetown Law Faculty Publications and Other Works
In Part II, this article examines the justifications for implementing comprehensive national health information privacy regulations, including the personal nature of health information and the increasing threats to personal privacy from the shift to an electronic health information infrastructure. In doing so, it looks at historical attempts by federal and state officials to regulate the use and disclosure of personal health information, and concludes that prior standards have been largely inadequate. In Part III, this article explains the new national health information privacy regulations: (1) what do they cover?; (2) to whom do they apply?; (3) how do they safeguard …
Personal Privacy And Common Goods: A Framework For Balancing Under The National Health Information Privacy Rule, Lawrence O. Gostin, James G. Hodge Jr.
Personal Privacy And Common Goods: A Framework For Balancing Under The National Health Information Privacy Rule, Lawrence O. Gostin, James G. Hodge Jr.
Georgetown Law Faculty Publications and Other Works
In this Article, we discuss how these principles for balancing apply in a number of important contexts where individually identifiable health data are shared. In Part I, we analyze the modern view favoring autonomy and privacy. In the last several decades, individual autonomy has been used as a justification for preventing sharing of information irrespective of the good to be achieved. Although respect for privacy can sometimes be important for achieving public purposes (e.g., fostering the physician/patient relationship), it can also impair the achievement of goals that are necessary for any healthy and prosperous society. A framework for balancing that …
Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.
Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.
Georgetown Law Faculty Publications and Other Works
Cases of willful exposure reveal the existing and future risks to the public health (especially women) which may be presented by individuals who willfully expose others to HIV through unsafe sexual or needle-sharing behaviors. In response to a documented case of willful exposure, a PCRS counselor or other public health official may, in his or her professional judgment, decide to act to avert a legitimate public health threat to known or unknown persons in the community. Yet handling such cases raises difficult issues in law, ethics, and public health practice. Public health authorities may be unable or ill-equipped to successfully …
Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn
Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn
Georgetown Law Faculty Publications and Other Works
Despite the persistence of the question, social science literature is replete with reasons why a victim does not or cannot leave a battering relationship. Commonly cited explanations include lack of financial resources; fear of physical retribution; lack of access to information about options for escape; enduring love for the batterer and belief he will change; learned helplessness; and depression. This Article, however, focuses on a pervasive and previously unexamined reason: the victim's fear that the batterer will publicize truthful confidential information that will hurt her. If the victim were to seek the court's protection, most state courts have the authority …