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Full-Text Articles in Law
Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto
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
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
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
Duke Law Journal
No abstract provided.
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
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
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
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
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
“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
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
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
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.
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
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
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Duke Law Journal
No abstract provided.