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Full-Text Articles in Law

Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon Jun 1991

Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon

Scholarship Chronologically

In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …


Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen Jan 1991

Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen

Articles & Chapters

No abstract provided.


World Without A Fourth Amendment, Christopher Slobogin Jan 1991

World Without A Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of amending the amendment. Starting on a blank slate, as it were, should free us from current preconceptions about the law of search and seizure, ingrained after years of analyzing current dogma. Viewed from this fresh perspective, we might gain a better understanding of the values at stake when the state seeks to obtain evidence or detain suspects. This new understanding in …


Some Queries About Privacy And Constitutional Rights, Michael Grossberg Jan 1991

Some Queries About Privacy And Constitutional Rights, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg Jan 1991

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Faculty Scholarship

This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …


Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably Jan 1991

Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably

Articles

No abstract provided.


Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine Jan 1991

Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine

Articles

No abstract provided.