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Articles 1 - 13 of 13
Full-Text Articles in Law
Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills
Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills
UF Law Faculty Publications
Individual and human rights in this country have evolved from national movements and national standards. The Fourteenth Amendment's application of rights to the states was a landmark in human rights, guaranteeing all citizens, no matter their state of residence, a baseline of protection. The Federal Constitution was the protector-“states' rights” was the code phrase for discrimination. But in the American crucible of cultural diversity a national standard for “community” may result in the lowest common denominator or a definition based on averaging. Would it not be better when the most individual of rights, privacy, is implicated to define that right …
“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 Genetic Privacy Act: A Proposal For National Legislation, Patricia Roche, Leonard H. Glantz, George J. Annas
The Genetic Privacy Act: A Proposal For National Legislation, Patricia Roche, Leonard H. Glantz, George J. Annas
Faculty Scholarship
Privacy is a major issue in medical law, and genetics is a major force in contemporary medical science. Nonetheless, the combination of these two fields has only recently been seen as central to both individual rights and medical progress. Disclosures in June of 1996 that White House officials had wrongly acquired and read FBI files of raw background checks of prominent Republicans reminded Americans that there is no such thing as a completely secure and secret file of personal information. Had these files contained DNA profiles or samples, they would have supplied additional information about the unsuspecting individuals-information that could …
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
South Carolina Law Review
No abstract provided.
From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey
From The Closet To The House-Tops: The Law And Ethics Of Media "Outing", Allison Bailey
Student Thesis Honors (1996-2008)
This paper examines the law and ethics of media outing. First, it explains the history of outing and the arguments for and against it. Next, it evaluates the potential causes of action for an outing victim and proposed changes in the law. Third, this paper explores the possibility that the best response to outing may be a non-legal one: better ethics in journalism.
Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper
Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper
RISK: Health, Safety & Environment (1990-2002)
Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.
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.
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
Journal Articles
Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …
Norms Of Communication And Commodification, Wendy J. Gordon
Norms Of Communication And Commodification, Wendy J. Gordon
Faculty Scholarship
Around the laws that regulate information and communication swarm a host of related nonlegal norms: norms of secrecy, confidentiality, and privacy; of anonymity, source-identity, and citation; of quotation, paraphrase, and hyperbole; norms of free copying and norms of obtaining permission; norms of gossip and of blackmail. The articles by Saul Levmore and Richard McAdams provide useful windows on some of the ways these laws and norms interact. The two articles also provide insight into the comparative advantage possessed in some circumstances by law and by nonlegal norms, respectively, when information and communication are at issue. In my brief Comment I …
Common Law Protection Of Individuals' Rights In Personal Information, William J. Fenrich
Common Law Protection Of Individuals' Rights In Personal Information, William J. Fenrich
Fordham Law Review
No abstract provided.
Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg
Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg
Faculty Scholarship
The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance …
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …