Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (12)
- Privacy Law (11)
- Criminal Law (8)
- Criminal Procedure (8)
- Internet Law (7)
-
- Health Law and Policy (6)
- Science and Technology Law (5)
- Computer Law (4)
- International Law (4)
- Labor and Employment Law (4)
- Comparative and Foreign Law (3)
- Dispute Resolution and Arbitration (3)
- First Amendment (3)
- Fourth Amendment (3)
- Intellectual Property Law (3)
- Legislation (3)
- Civil Rights and Discrimination (2)
- Communications Law (2)
- Consumer Protection Law (2)
- Evidence (2)
- Law and Society (2)
- Military, War, and Peace (2)
- Public Law and Legal Theory (2)
- Social and Behavioral Sciences (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Institution
-
- BLR (11)
- George Washington University Law School (7)
- Chicago-Kent College of Law (5)
- University of Missouri School of Law (5)
- Duke Law (4)
-
- SelectedWorks (3)
- Vanderbilt University Law School (3)
- Case Western Reserve University School of Law (2)
- New York Law School (2)
- Pace University (2)
- Saint Louis University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- University of New Hampshire (2)
- Boston University School of Law (1)
- City University of New York (CUNY) (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Roger Williams University (1)
- Selected Works (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- Widener Law (1)
- Publication
-
- ExpressO (11)
- GW Law Faculty Publications & Other Works (7)
- Chicago-Kent Law Review (5)
- Faculty Publications (5)
- Duke Law Journal (2)
-
- Elisabeth Haub School of Law Faculty Publications (2)
- NYLS Law Review (2)
- Saint Louis University Public Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Alaska Law Review (1)
- All Faculty Scholarship (1)
- American Indian Law Review (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles, Book Chapters, & Popular Press (1)
- Benjamin Barros (1)
- Canadian Journal of Law and Technology (1)
- Dr Rebecca Wong (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Fordham Journal of Corporate & Financial Law (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of Dispute Resolution (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Law and Contemporary Problems (1)
- Leysser L. León (1)
- Missouri Law Review (1)
- NULR Online (1)
- Publication Type
Articles 1 - 30 of 67
Full-Text Articles in Law
Science Fiction And Shed Dna, D. H. Kaye
Derecho A La Intimidad Y Responsabilidad Civil. El Refuerzo De Los Derechos Fundamentales A Través De Los Remedios Civilísticos, Leysser L. Leon
Derecho A La Intimidad Y Responsabilidad Civil. El Refuerzo De Los Derechos Fundamentales A Través De Los Remedios Civilísticos, Leysser L. Leon
Leysser L. León
¿Puede la responsabilidad civil cumplir funciones de refuerzo de derechos de la personalidad (derechos fundamentales)? La protección resarcitoria de la intimidad es la clave para analizar el impacto de esta nueva función de una institución del derecho privado que se renueva permanentemente.
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Alaska Law Review
No abstract provided.
Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers
Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers
Missouri Law Review
Although these two quotations represent society's mixed feelings toward charity, they also represent a distinction people often make between a charity's aims and its means. Charitable organizations have the potential to spread hope, re-allocate societal resources, and advocate societal values. How they go about accomplishing these noble goals, however, is sometimes the subject of public frustration and annoyance. This creates a tension between admiring the charity's philanthropy and becoming irritated with the means used to achieve it. Undoubtedly, one of the most unwelcome guests in any household is a telemarketer. In fact, 98% of 1.78 million respondents to a recent …
Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger
Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger
Duke Law Journal
No abstract provided.
Conversational Standing: A New Approach To An Old Privacy Problem, Christopher M. Drake
Conversational Standing: A New Approach To An Old Privacy Problem, Christopher M. Drake
ExpressO
American society has long considered certain conversations private amongst the participants in those conversations. In other words, when two or more people are conversing in a variety of settings and through a variety of media, there are times when all parties to the conversation can reasonably expect freedom from improper government intrusion, whether through direct participation or secret monitoring. This shared expectation of privacy has been slow to gain judicial recognition. Courts have indicated that the Fourth Amendment to the United States Constitution only protects certain elements of the conversation, such as where and how it takes place, but that …
The Liberal Assault On The Fourth Amendment, Christopher Slobogin
The Liberal Assault On The Fourth Amendment, Christopher Slobogin
ExpressO
The Liberal Assault on the Fourth Amendment Christopher Slobogin As construed by the Supreme Court, the Fourth Amendment’s reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects–-and virtually nothing else. This essay is primarily about how we got to this point. It is fashionable to place much of the blame for today’s law on the Warren Court’s adoption of the malleable expectation of privacy concept as the core value protected by the Fourth Amendment. But this diagnosis fails to explain why even the more liberal justices have often gone along with many of the privacy-diminishing holdings …
In Sickness, Health, And Cyberspace: Protecting The Security Of Electronic Private Health Information, Sharona Hoffman, Andy Podgurski
In Sickness, Health, And Cyberspace: Protecting The Security Of Electronic Private Health Information, Sharona Hoffman, Andy Podgurski
ExpressO
The electronic processing of health information provides considerable benefits to patients and health care providers at the same time that it creates serious risks to the confidentiality, integrity, and availability of the data. The Internet provides a conduit for rapid and uncontrolled dispersion and trafficking of illicitly-obtained private health information, with far-reaching consequences to the unsuspecting victims. In order to address such threats to electronic private health information, the U.S. Department of Health and Human Services enacted the HIPAA Security Rule, which thus far has received little attention in the legal literature. This article presents a critique of the Security …
Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole E. Jacoby
Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole E. Jacoby
ExpressO
U.S. and German courts alike long have struggled to find the proper balance between protecting the privacy rights of criminal suspects and granting law enforcement officials the adequate tools to fight crime. The highest courts in each country have produced different paradigms for determining where the public sphere ends and the private sphere begins. In a series of cases, the U.S. Supreme Court has inquired whether a criminal defendant had a reasonable expectation of privacy when the state conducted a warrantless search of the suspect’s person, premises, or belongings. Germany’s Federal Constitutional Court, in contrast, has asked whether an investigative …
The Place Of Covert Policing In Democratic Societies: An Empirical Study Of The U.S. And Germany, Jacqueline E. Ross
The Place Of Covert Policing In Democratic Societies: An Empirical Study Of The U.S. And Germany, Jacqueline E. Ross
ExpressO
My study of undercover policing explores the ways in which democratic legal systems change when they legalize highly contested police practices that have long been quietly tolerated and accorded minimal scrutiny. Undercover policing is a prime of example of such a practice. It has long been subject to remarkably little legislative oversight and systematic regulation in the United States and Western Europe. It exists in a twilight of legality—a necessary evil, but one inviting anxieties about its legitimacy and consonance with the rule of law. Under pressure from the European Court of Human Rights, Germany (along with other Western European …
8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island
8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
Publications and Research
Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …
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 …
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …
Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.
Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.
Law and Contemporary Problems
Conrad discusses the point of view of the chemical industry concerning when and how access to health effects information may be affected by financial interests. He argues that no qualitative distinction can be drawn between the financial and other incentives that might affect disclosure by for-profit entities and the incentives that might affect disclosure by other entities that may conduct, sponsor, or opine on scientific research.
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach, Steven Penney
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach, Steven Penney
ExpressO
The “reasonable expectation of privacy” test, which defines the scope of constitutional protection from governmental privacy intrusions in both the United States and Canada, is notoriously indeterminate. This indeterminacy stems in large measure from the tendency of judges to think of privacy in non-instrumentalist terms. This “moral” approach to privacy is normatively questionable, and it does a poor job of identifying the circumstances in which privacy should prevail over countervailing interests, such as the deterrence of crime.
In this paper, I develop an alternative, economically-informed approach to the reasonable expectation of privacy test. In contrast to the moral approach, which …
Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton
Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton
The University of New Hampshire Law Review
[Excerpt] “The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” Perhaps Auden would have modified his maxim had he lived in the age of terrorism. A certain degree of government surveillance of even intimate communications is expected, encouraged, and indeed praised when the government’s efforts lead to the prevention of catastrophe. However, it is also expected that the government will minimize these intrusions, will conduct surveillance only on legitimate targets, and will follow the procedural safeguards that the representatives of the people have enacted in …
Privacy And Access To Public Records In The Information Age, Sol Bermann
Privacy And Access To Public Records In The Information Age, Sol Bermann
ExpressO
Online public record access brings a wealth of benefits ranging from greater government access and accountability to increased cost-savings and efficiencies. However, due to the presence of highly sensitive, personal data, an increase in public records access also brings potential dangers, including heightened risk of identity theft and frivolous snooping into the affairs of others.
Historically, public records have had some measure of public accessibility in order to empower citizens with the ability to observe the goings-on of government, leading to greater government accountability. Until the rise of the internet, citizens have had their privacy protected through practical obscurity (the …
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
Chicago-Kent Law Review
The adoption of the Federal Rules of Civil Procedure worked a revolution in American litigation by introducing broad party-controlled discovery. The framers of those Rules intended broad discovery to facilitate decisions on the merits, and their revolution served as a catalyst for many types of claims in American courts. American discovery also became anathema in the rest of the world, which saw it as too great a cost to pay for better or more accurate litigation results. As American discovery hit full stride in the 1970s, nonparties began to argue that the Federal Rules made all material turned over in …
Uncovering, Disclosing, And Discovering How The Public Dimensions Of Court-Based Processes Are At Risk, Judith Resnik
Uncovering, Disclosing, And Discovering How The Public Dimensions Of Court-Based Processes Are At Risk, Judith Resnik
Chicago-Kent Law Review
In this essay—considering "privacy" and "secrecy" in courts—I first offer a brief history of the public performance, through adjudication, of the power of rulers, who relied on open rituals of judgment and punishment to make and maintain law and order. Second, I turn to consider why, during the twentieth century, the federal courts became an unusually good source of information about legal, political, and social conflict. Third, I map how, despite new information technologies, knowledge about conflicts and their resolution is being limited by the devolution of court authority to agencies, by the outsourcing of decisions to private providers, and …
Introduction To Secrecy In Litigation, Nancy S. Marder
Introduction To Secrecy In Litigation, Nancy S. Marder
Chicago-Kent Law Review
The clash between privacy and public disclosure in dispute resolution demands the attention of legal academics, empiricists, and practitioners. Recent advances in technology have made information accessible in ways that were inconceivable a few years ago. Parties to disputes find their thoughts and interactions open to far greater disclosure than ever before. At the same time, the move toward alternative dispute resolution (ADR) has effectively taken many disputes out of the public realm and has transformed them into private transactions. Whereas in the past the public could observe disputes resolved at trial, now many disputes are resolved behind the veil …
Sealing And Revealing: Rethinking The Rules Governing Public Access To Information Generated Through Litigation, Andrew D. Goldstein
Sealing And Revealing: Rethinking The Rules Governing Public Access To Information Generated Through Litigation, Andrew D. Goldstein
Chicago-Kent Law Review
The current law governing public access to information generated through civil litigation is flawed in two ways: (1) while many states and courts in theory require rigorous standards to be met before court documents, including judicially-approved settlement agreements, can be sealed, in practice courts often allow pressure from private parties to trump public interests; and (2) the public's lack of any ability to access unfiled discovery materials deprives the public of information it often has an interest in seeing and permits litigants to enter into secrecy agreements that hide their bad acts.
This Article details the deficiencies in the existing …
Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Chicago-Kent Law Review
In her article, Public Courts versus Private Justice: It's Time to Let Some Sun Shine in on Alternative Dispute Resolution, Professor Laurie Doré explores the divergent attitudes toward confidentiality in litigation and confidentiality in alternative dispute resolution. In adjudicating even seemingly private disputes, a court balances the legitimate need for confidentiality against any countervailing public interest in disclosure. A strong presumption of public access attaches to judicial records and proceedings and good cause must support any protective, sealing, or confidentiality order of a court. Today, however, an increasing number of disputes that would otherwise be litigated before a judge …
Personal Medical Information: Privacy Or Personal Data Protection?, Wilhelm Peekhaus
Personal Medical Information: Privacy Or Personal Data Protection?, Wilhelm Peekhaus
Canadian Journal of Law and Technology
Some of the existing literature concerning the privacy of health information seems to suggest that medical information has a particularly special nature; either through its oft-cited association with dignity or the need for its ‘‘unobstructed’’ use by health care practitioners for a variety of reasons. It is against such a backdrop that this paper will review and compare a number of legislative mechanisms that have been designed to meet the challenge of safeguarding the privacy of personal information without completely hindering the continued flow of information required by economic and health care systems. An attempt will be made to situate …
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
Law Faculty Scholarly Articles
The steady stream of news reports about violations of privacy on the Internet has spawned a growing body of literature discussing the legal protections available for personally identifiable information—i.e., information about identified or identifiable persons—collected via the Internet. This Article takes the discussion of Internet privacy protection in a new and very different direction by reexamining the U.S. Internet privacy regime from the perspective of a broader cultural/historical analysis and critique. The perspective adopted is that of Alasdair MacIntyre's account of the disarray in Enlightenment and post-Enlightenment discourse about morality and human nature and the accompanying disappearance of rational justifications …
Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson
Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson
All Faculty Scholarship
Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
ExpressO
Public attitudes about privacy are central to the development of fourth amendment doctrine in two respects. These are the two “reasonableness” requirements, which define the scope of the fourth amendment (it protects only “reasonable” expectations of privacy), and provide the key to determining compliance with its commands (it prohibits “unreasonable” searches and seizures). Both requirements are interpreted in substantial part through evaluation of societal norms about acceptable levels of privacy from governmental intrusions. Caselaw, poll data, newspaper articles, internet sites, and other vehicles for gauging public attitudes after the September 11 attacks indicate that public concerns about terrorism and the …
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, …
The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson
The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson
ExpressO
“Privacy” is one of the fastest growing areas of the law, due in part to the explosion of the Internet over the past decade. When we speak of privacy in the Internet age, we typically mean data protection, the regulation of the use of personal information about individuals by private interests, such as corporations. Unfortunately, much of the discourse on the subject adopts a framework more suitable to traditional privacy, an inviolable “right to be let alone” by the state. Rather than create a sacrosanct right against the government, the modern incarnation of privacy actually creates a quasi-property right, where …
Searches And Seizures Of Americans Abroad: Re-Examining The Fourth Amendment’S Warrant Clause And The Foreign Intelligence Exception Five Years After United States V. Bin Laden, Corey M. Then
Duke Law Journal
No abstract provided.