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Articles 1 - 15 of 15

Full-Text Articles in Law

Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto Nov 2009

Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto

Duke Law Journal

Software security and privacy issues regularly grab headlines amid fears of identity theft, data breaches, and threats to security. Policymakers have responded with a variety of approaches to combat such risk. Suggested measures include promulgation of strict rules, enactment of open-ended standards, and, at times, abstention in favor of allowing market forces to intervene. This Note lays out the basis for understanding how both policymakers and engineers should proceed in an increasingly software-dependent society. After explaining what distinguishes software-based systems from other objects of regulation, this Note argues that policymakers should pursue standards-based approaches to regulating software security and privacy. …


Applying Lawrence: Teenagers And The Crime Against Nature, Daniel Allender Apr 2009

Applying Lawrence: Teenagers And The Crime Against Nature, Daniel Allender

Duke Law Journal

The Supreme Court's decision striking down a Texas statute prohibiting homosexual conduct in Lawrence v. Texas is vague in many ways. The opinion failed to articulate both the contours of the right the Court was recognizing and the level of scrutiny courts should apply when enforcing the right. When a question concerning the rights of minors arises under Lawrence, the answer is even more obscure. The Supreme Court of North Carolina faced precisely this question in a 2007 decision, in which the court considered whether Lawrence prohibited the state from prosecuting a minor for engaging in nontraditional sexual activity when …


Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger Nov 2006

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.


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 Mar 2006

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.


When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan Oct 2004

When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan

Duke Law Journal

No abstract provided.


The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove Dec 2003

The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove

Duke Law Journal

This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others. Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …


The Patriot Act’S Impact On The Government’S Ability To Conduct Electronic Surveillance Of Ongoing Domestic Communications, Nathan C. Henderson Oct 2002

The Patriot Act’S Impact On The Government’S Ability To Conduct Electronic Surveillance Of Ongoing Domestic Communications, Nathan C. Henderson

Duke Law Journal

No abstract provided.


Law And Policy In The Age Of The Internet , Robert E. Litan Feb 2001

Law And Policy In The Age Of The Internet , Robert E. Litan

Duke Law Journal

No abstract provided.


“Intimate Details”: A Troubling New Fourth Amendment Standard For Government Surveillance Techniques, Merrick D. Bernstein Dec 1996

“Intimate Details”: A Troubling New Fourth Amendment Standard For Government Surveillance Techniques, Merrick D. Bernstein

Duke Law Journal

No abstract provided.


The Exaltation Of Privacy Doctrines Over Public Information Law, Christopher P. Beall Apr 1996

The Exaltation Of Privacy Doctrines Over Public Information Law, Christopher P. Beall

Duke Law Journal

No abstract provided.


Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr Oct 1993

Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr

Duke Law Journal

Imagine that one pleasant Sunday afternoon, you look out your window and see a group of twenty to fifty people picketing on the street in front of your home. The picketers are carrying signs that name you. Although the gathering is ''peaceful,'' the very presence of the crowd is threatening, prompting you to close your windows, draw your blinds, and keep your family in the house until,the picketers leave. Now imagine that these same picketers, in greater or lesser numbers, re-create this same event at your home every Sunday afternoon. What should be a day of rest spent with your …


Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At “Understandings” Recognized And Permitted By Society, Christopher Slobogin, Joseph E. Schumacher Feb 1993

Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At “Understandings” Recognized And Permitted By Society, Christopher Slobogin, Joseph E. Schumacher

Duke Law Journal

No abstract provided.


Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr. Dec 1990

Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr.

Duke Law Journal

No abstract provided.


Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott Nov 1986

Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott

Duke Law Journal

No abstract provided.


Developments Under The Freedom Of Information Act—1982, Steven J. Lepper Apr 1983

Developments Under The Freedom Of Information Act—1982, Steven J. Lepper

Duke Law Journal

No abstract provided.