Law Commons^™

State Government—The Arkansas Freedom Of Information Act—Houston We Have A Problem: A Coach And A Comptroller Illustrate The Repercussions Of Releasing Electronic Information Through The Arkansas Freedom Of Information Act, Alexander Justiss

University of Arkansas at Little Rock Law Review

FOIA provides a necessary oversight by which Arkansans can monitor the actions of those within the government. FOIA ensures that its purpose may not be thwarted by prohibiting the transfer, withdrawal, or destruction of documents in an attempt to prevent their release to the public. The executive, legislative, and judicial branches of the government are subject to the FOIA. FOIA statutorily exempts certain public records that would otherwise be accessible to Arkansans. Additionally, the Arkansas Constitution provides numerous safeguards to protect the privacy rights of individuals.

Issues arise with electronic communication under FOIA so various judicial and Attorney General opinions …

Rethinking "Reasonable Efforts" To Protect Trade Secrets In A Digital World, Elizabeth Rowe

Elizabeth A Rowe

The very technological tools in use today that increase the efficiency with which companies do business create challenges for trade secret protection. They make trade secrets easier to store, easier to access, easier to disseminate, and more portable, thus increasing the risks that trade secrets will be destroyed. While secrecy is the sine qua non of trade secret protection, it can be difficult to accomplish. There is a tension between the need to keep information secret and modern technological methods that allow the information to be easily accessed, reproduced, and disseminated. In trade secret misappropriation cases, courts evaluate the sufficiency …

S08rs Sgb No. 4 (Bylaws), Palermo

Student Senate Enrolled Legislation

No abstract provided.

The Memory Gap In Surveillance Law, Patricia L. Bellia

Journal Articles

U.S. information privacy laws contain a memory gap: they regulate the collection and disclosure of certain kinds of information, but they say little about its retention. This memory gap has ever-increasing significance for the structure of government surveillance law. Under current doctrine, the Fourth Amendment generally requires government agents to meet high standards before directly and prospectively gathering a target's communications. The law takes a dramatically different approach to indirect, surveillance-like activities, such as the compelled production of communications from a third party, even when those activities yield the same information as, or more information than, direct surveillance activities. Because …

From Snail Mail To E-Mail: The Traditional Legal Memorandum In The Twenty-First Century, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

Traditional legal memoranda have been used to teach objective analysis since the inception of legal writing programs in the 1970's. The continued use of these memoranda in the legal writing classroom leads law students to believe that traditional memoranda are still the primary form of communication between attorney and client. A 2006 survey of Georgetown University Law Center graduates, however, suggests that the traditional legal memorandum is all but dead in law practice. Seventy-five percent of the graduates surveyed said they write no more than three traditional memoranda per year. Instead, these graduates are more likely to communicate with clients …

Fourth Amendment Protection For Stored E-Mail, Patricia L. Bellia, Susan Freiwald

Journal Articles

The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …

Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …