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Full-Text Articles in Law
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman
Faculty Publications
In this article we focus on a related issue. We discuss the development of blogs, and the virtual “space” where blogs and bloggers interact the “blogosphere” and their impact on the issue of workers' privacy. To some extent it would seem a bit of a contradiction to talk about privacy and blogging in the same article. Blogging, as we will discuss below, does not appear to be the most private of enterprises. There are, we argue, a number of interesting privacy issues raised by the development of blogs as an employee communication tool and by the way employers have reacted …
Preplacement Examinations And Job-Relatedness: How To Enhance Privacy And Diminish Discrimination In The Workplace, Sharona Hoffman
Preplacement Examinations And Job-Relatedness: How To Enhance Privacy And Diminish Discrimination In The Workplace, Sharona Hoffman
Faculty Publications
Medical testing in the workplace is raising growing concern in light of increasingly available genetic tests and what is perceived as a general assault on individual privacy in the United States. Almost seventy percent of major U.S. firms require individuals who receive job offers to undergo medical testing prior to the commencement of employment, and the law does not restrict the scope of these examinations. Thus, employers test job candidates not only for fitness for duty and use of illegal substances, but also for a variety of conditions including susceptibility to workplace hazards, breast and colon cancer, sexually transmitted diseases, …
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Faculty Publications
Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …
User Choices And Regret: Understanding Users' Decision Process About Consensually Acquired Spyware, Nathaniel Good, Jens Grossklags, David Thaw, Aaron K. Perzanowski, Deirdre K. Mulligan, Joseph Konstan
User Choices And Regret: Understanding Users' Decision Process About Consensually Acquired Spyware, Nathaniel Good, Jens Grossklags, David Thaw, Aaron K. Perzanowski, Deirdre K. Mulligan, Joseph Konstan
Faculty Publications
Spyware is software which monitors user actions, gathers personal data, and/or displays advertisements to users. While some spyware is installed surreptitiously, a surprising amount is installed on users’ computers with their active participation. In some cases, users agree to accept spyware as part of a software bundle as a cost associated with gaining functionality they desire. In many other cases, however, users are unaware that they installed spyware, or of the consequences of that installation. This lack of awareness occurs even when the functioning of the spyware is explicitly declared in the end user license agreement (EULA). We argue and …
Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz
Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz
Faculty Publications
Arbitration is private but not secret. This truism regarding arbitration seems contradictory and nonsensical. However, common understandings of privacy in arbitration often lull individuals into assuming personal information revealed in arbitration may not become public. They assume privacy and confidentiality are synonymous. The reality is that arbitration is private but not necessarily confidential, or secret. This is the privacy paradox: it defies common conceptions of arbitration's secrecy, but is nonetheless true. This paradox is problematic because it leads to shortsighted contracting and simplistic assumptions about arbitral justice. Moreover, it may foster injustice when repeat players unduly benefit from unpublished awards …