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Articles 1 - 13 of 13
Full-Text Articles in Law
Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain
Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain
West Virginia Law Review
No abstract provided.
The Supreme Court Takes On The First Amendment Privacy Conflict And Stumbles: Bartnicki V. Vopper, The Wiretapping Act, And The Notion Of Unlawfully Obtained Information, James M. Hilmert
Indiana Law Journal
No abstract provided.
Kyllo V. United States: Something Old, Nothing New; Mostly Borrowed, What To Do?, Stephen A. Lafleur
Kyllo V. United States: Something Old, Nothing New; Mostly Borrowed, What To Do?, Stephen A. Lafleur
Louisiana Law Review
No abstract provided.
Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith
Conceivable Sterilization: A Constitutional Analysis Of A Norplant/Depo-Provera Welfare Condition, Kimberly A. Smith
Indiana Law Journal
No abstract provided.
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla
Scholarly Articles
Not available.
Protecting Student Privacy: Reporting Campus Crimes As An Alternative To Disclosing Student Disciplinary Records, Tamu K. Walton
Protecting Student Privacy: Reporting Campus Crimes As An Alternative To Disclosing Student Disciplinary Records, Tamu K. Walton
Indiana Law Journal
No abstract provided.
Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman
Name Robbers: Privacy, Blackmail, And Assorted Matters In Legal History, Lawrence M. Friedman
Hofstra Law Review
No abstract provided.
Big Brother And A Little Black Box: The Effect Of Scientific Evidence On Privacy Rights, David Uris
Big Brother And A Little Black Box: The Effect Of Scientific Evidence On Privacy Rights, David Uris
Santa Clara Law Review
No abstract provided.
Population-Based Genetic Studies: Informed Consent And Confidentiality, Michael J. Smith
Population-Based Genetic Studies: Informed Consent And Confidentiality, Michael J. Smith
Santa Clara High Technology Law Journal
No abstract provided.
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 …
Brandeis & Warren's 'The Right To Privacy And The Birth Of The Right To Privacy', Ben Bratman
Brandeis & Warren's 'The Right To Privacy And The Birth Of The Right To Privacy', Ben Bratman
Articles
Privacy law and conceptions of a right to privacy have, of course, evolved considerably since 1890 when future Supreme Court Justice Louis Brandeis and Boston attorney Samuel Warren penned their now ageless article, The Right to Privacy, 4 Harv. L. Rev. 193, in which they argued the law should recognize such a right and impose liability in tort for intrusions on it. But quite apart from any argument about how attenuated the link might be between Brandeis and Warren's specific proposals and the current state of privacy law, is it fair to say, as so many scholars and judges repeatedly …