Law Commons^™

Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Transnational Administration: International Data Transfers Under The European Privacy Directive, Francesca Bignami

ExpressO

No abstract provided.

Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion

Fordham Urban Law Journal

This Comment explores the constructs and consequences of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”). HIPPA imposes considerable regulatory burdens on health care organizations in the hope that strict administration and control of information will prevent both real and perceived injuries from unauthorized and unwanted scrutiny of personal health data. In outlining the nature of HIPPA, the author presents what in her view are the Act’s shortcomings – HIPPA’s high costs, questionable benefits, and numerous economic, legal, and administrative consequences. As a result, the author presents alternatives to HIPPA that are less intrusive but still address the …

Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner

Michigan Journal of Gender & Law

Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.

Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager

Faculty Scholarship

This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …

The Struggle Of A Democracy Against Terrorism - Protection Of Human Rights: The Right To Privacy Versus The National Interest - The Proper Balance, Emanuel Gross

Cornell International Law Journal

No abstract provided.

You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler

Seattle University Law Review

Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …

The Use And Disclosure Of Protected Health Information For Research Under The Hipaa Privacy Rule: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino

Faculty Articles

No abstract provided.

School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley

Saint Louis University Public Law Review

No abstract provided.

School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley

Law Faculty Articles and Essays

Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …

When James Bond Enters The Workplace: Uses And Abuses Of Technology, William A. Herbert

Publications and Research

This paper, co-authored by H. David Kelly, was presented at the 2004 Annual Meeting of the American Bar Association. It analyzes the state of the law at the time in the public and private sectors regarding employers' use of intrusive technologies to monitor and control their workforce.

Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista

Marquette Sports Law Review

No abstract provided.

Revisiting The Voyeurism Value In The First Amendment: From The Sexually Sordid To The Details Of Death, Clay Calvert

Seattle University Law Review

This Article takes a fresh look at the question of "whether the First Amendment freedom of the press will protect our desire to watch against claims of invasion of privacy and other intrusive newsgathering practices [,]" and the fundamental tension between maintaining privacy and accelerating voyeurism, while addressing the notions of geographic privacy and newsworthiness that are critical in this conflict. In particular, this article surveys five specific and cutting-edge areas in the law that demonstrate the conflict between privacy and voyeurism and the legal system's struggles to reconcile the two concepts. Each of these is an area that has …

What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard

Fordham Urban Law Journal

This article explores the ways in which the court's recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman's constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author's analysis focuses on using particular Justices' opinions (and dissents) to predict the direction of future challenges to abortion rights in front of the Supreme Court.

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.

Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy

NYLS Law Review

No abstract provided.

Surveillance Law Through Cyberlaw's Lens, Patricia L. Bellia

Journal Articles

The continuing controversy over the surveillance-related provisions of the USA Patriot Act highlights the depth of Americans' concern about internet privacy. Although calls to limit the government's surveillance powers strike a chord with the public, the legal framework governing surveillance activities is highly technical and poorly understood. The Patriot Act's sunset date provides Congress with an opportunity to revisit that framework.
/="/">
/="/">This Article seeks to contribute to the debate over the appropriate scope of internet surveillance in two ways. First, the Article explores the intricacies of the constitutional and statutory frameworks governing electronic surveillance, and particularly surveillance to …

"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix

Fordham Law Review

No abstract provided.

Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart

Publications

Library patrons are worried about the government looking over their shoulder while they read and surf the Internet. Because of the broad provisions of the USA PATRIOT Act, the lack of judicial and legislative oversight, the potential for content overcollection, and the ease with which applications for pen register, section 215 orders, or national security letters can be obtained, these fears cannot be dismissed.

Reconstructing Electronic Surveillance Law, Daniel J. Solove

GW Law Faculty Publications & Other Works

After the September 11th attacks in 2001, Congress hastily passed the USA-Patriot Act which made several changes to electronic surveillance law. The Act has sparked a fierce debate. However, the pros and cons of the USA-Patriot Act are only one part of a much larger issue: How effective is the law that regulates electronic surveillance?

The USA-Patriot Act made a number of changes in electronic surveillance law, but the most fundamental problems with the law did not begin with the USA-Patriot Act. In this article, Professor Solove argues that electronic surveillance law suffers from significant problems that predate the USA-Patriot …

Collateralizing Internet Privacy, Xuan-Thao Nguyen

Articles

Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …

The Digital Person: Technology And Privacy In The Information Age (Introduction), Daniel J. Solove

GW Law Faculty Publications & Other Works

THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (ISBN: 0814798462) (NYU Press 2004) explores the social, political, and legal implications of the collection and use of personal information in computer databases. In the Information Age, our lives are documented in digital dossiers maintained by hundreds (perhaps thousands) of businesses and government agencies. These dossiers are composed of bits of our personal information, which when assembled together begin to paint a portrait of our personalities. The dossiers are increasingly used to make decisions about our lives - whether we get a loan, a mortgage, a license, or a job; …

Use And Disclosure Of Protected Health Information For Research Under The Hippa Privacy Rule, The: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino

Scholarly Works

This article offers a legal and ethical analysis of the requirements of federal privacy regulations (herein after the “Privacy Rules”) relating to the use and disclosure of individually identifiable health information for research activities. Section II of this article provides a legal summary of the Privacy Rules’ complex research provisions. Sections III and IV of this article analyze the Privacy Rules’ research provisions from a legal and ethical perspective. Specifically, Section III addresses whether the Privacy Rules promote autonomy by analyzing certain of the legal rights attributed to individuals who are the subjects of health information including: (1) the general …

The International Privacy Regime, Tim Wu

Faculty Scholarship

Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.

First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …

The Right Of Privacy Of Employees With Respect To Employer-Owned Computers And E-Mails, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar

Oklahoma Law Review

No abstract provided.

Litigating Medical Malpractice Cases In Oklahoma: The Aftermath Of Hipaa, Melissa A. Couch

Oklahoma Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Scholarly Works

No abstract provided.

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 …