Law Commons^™

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The proposed draft of Article 2B grants broad rights to enforce electronically contract provisions governing access to and use of digital works. Purveyors of digital works may engage in electronic self-help following breach of contract, and may also elect to foreclose unauthorized uses ex ante, via electronic “regulation of performance.” This Article examines these provisions in light of existing law authorizing self-help repossession of tangible chattels, leading academic justifications for self-help repossession, and federal copyright law and policy. It concludes that the provisions authorize an unprecedented degree of intrusion into private homes and offices, that they lack a sound theoretical …

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King

Touro Law Review

No abstract provided.

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

Publications

No abstract provided.

Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman

Articles

This Article honors the contributions former Chief Justice Jay Rabinowitz has made to Alaskan jurisprudence in the areas of individual privacy and freedom of expression. It begins by tracing the development of the Alaska Supreme Court’s protection of individual rights above and beyond that provided by the federal courts.The Article then provides a thorough analysis of two decisions authored by Justice Rabinowitz, Breese v. Smith and Ravin v. State, which have laid the foundation for heightened protection of privacy and freedom of expression rights in Alaska. Next, the Article discusses the influence and application of these two cases on …

Privacy And Telecommunications, Fred H. Cate

Articles by Maurer Faculty

This article explores the differences in privacy protection between the European Union and the United States, and examines the emerging conflict over data protection. Professor Cate analyzes the European data protection Directive, with particular emphasis on the Directive's extraterritorial provisions. He then examines privacy protection under United States laws and the extent to which that protection satisfies the requirements of the Directive. Finally, Professor Cate focuses on privacy issues involved in telecommunications, an area significantly regulated by United States and European laws, and therefore one area in which some commonality among privacy protection might be anticipated. Even in this highly …

Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Motor Vehicles And Traffic Drivers' Licenses: Comply With The Provisions Of The Federal Driver's Privacy Protection Act; Provide Strict Guidelines For The Release Of Personal Information From Drivers' Licenses And Other Records Of The Department Of Public Safety, W. Kent Davis

Georgia State University Law Review

The Act implements provisions of the federal Driver's Privacy Protection Act. The Act goes beyond the provisions of the federal Act in many respects, however. It lays strict guidelines for the release of information held by the Department of Public Safety, delineating the parties to whom this information can be released and under what circumstances. The Act also ensures that records of such releases are maintained by the Department and made available to the individual who is the subject of the release.

Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh

RISK: Health, Safety & Environment (1990-2002)

Dr. Ramesh argues that microchip implantation is both possible and, for some purposes, desirable and suggests that now is the time to consider strategies for preventing potentially grievous intrusion into personal privacy.

Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards, Christopher Slobogin

Vanderbilt Law School Faculty Publications

As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, so feedback could have an impact. Indeed, it is anticipated that the content of at least some of the standards will change prior to their submission to the House of Delegates...The work of the Task Force on Technology and Law Enforcement has persuasively demonstrated that some regulatory structure governing the use of physical surveillance technology is necessary. This work provides a model for future attempts to establish guidelines for other …

Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

Dr. Merz argues that genetics technology makes it more compelling that researchers plan more carefully for the collection and disposition of information derived from subjects' tissues and blood.

Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross

American University Law Review

No abstract provided.

Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager

Faculty Scholarship

Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …

Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer

Michigan Journal of Gender & Law

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.

Telemedicine Today And Tomorrow: Why "Virtual" Privacy Is Not Enough, Christina M. Rackett

Fordham Urban Law Journal

This Note demonstrates the need for federal telemedicine legislation that provides uniform confidentiality protection for all telemedicine patients. Part I details the use of telemedicine and outlines the link between telemedicine and privacy issues. Part II discusses current federal and state privacy law, emphasizing the laws that protect medical information. Part III argues that federal telemedicine legislation is necessary to safeguard the confidentiality of patients' medical records and proposes a uniform law that protects the privacy of telemedicine patients in every state. This Note concludes that without federal legislation, telemedicine will wither, along with isolated patients' hopes of one day …

Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg

Faculty Scholarship

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of …

Physician Date Banks: The Public's Right To Know Versus The Physician's Right To Privacy, Julie Barker Pape

Fordham Law Review

No abstract provided.

Privacy Issues Dealing With Technology : A Review Of The Literature, Kimberly S. Mccoy

Graduate Research Papers

The sophisticated applications of technology are expanding everyday. Unfortunately, so are the many concerns individuals in society are having about their right to privacy. The actual regulations dealing with one's right to privacy has not expand as rapidly as the applications of technology. Individuals using various types of technology are under the assumption their activities are private; however, this is not the case. It does not seem to matter if you are using a computer for communications work, school, or in the "privacy" of your own home, there is absolutely no privacy when dealing with this type of technology.

This …

Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Duke Law Journal

No abstract provided.

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

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

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

Duke Law Journal

No abstract provided.

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 …

Searches And Seizures

Touro Law Review

No abstract provided.

Common Law Protection Of Individuals' Rights In Personal Information, William J. Fenrich

Fordham Law Review

No abstract provided.