Law Commons^™

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 …

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 …

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 …

Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner

Federal Communications Law Journal

Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.

The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …

Panel One: Information Issues: Intellectual Property, Privacy, Integrity, Interoperability, And The Economics Of Information, Anne W. Branscomb, Brian Kahin, Ellen M. Kirsh, P. Michael Nugent, Fred H. Cate

Federal Communications Law Journal

The first panel of From Conduit to Content: The Emergence of Information Policy and Law examines the wide range of legal and regulatory issues presented by information, including intellectual property, privacy, free expression, liability for false or damaging expression, interoperability, international trade, antitrust, and government investment in and provision of information. Participants include Anne W. Branscomb, Fred H. Cate, Brian Kahin, Ellen M. Kirsh, and P. Michael Nugent.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington Program. Friday, March 3 1995, Washington, D.C.

Personal Information Contracts: How To Protect Privacy Without Violating The First Amendment , Scott Shorr

Cornell Law Review

No abstract provided.

Business Information And "Personal Data": Some Common-Law Observations About The Eu Draft Data Protection Directive, James Maxeiner

All Faculty Scholarship

Discusses the public interest in the free flow of information.

The Protection Of Privacy In Health Care Reform, Paul M. Schwartz

Vanderbilt Law Review

Legal regulation of the privacy of medical information is now at a critical stage. Americans are highly concerned about the processing and use of their personal data. Over three-quarters of the public currently believes that the individual has lost control of how personal information is circulated and applied by companies., Indeed, a recent poll reveals that those who know the most about the current protection of medical information-physicians, heads of medical societies, health insurers, and hospital CEOs-are also the most concerned about threats to personal privacy.

Social concern about the threat to informational privacy has resulted in strong approval for …

The Right Of Publicity: A Matter Of Privacy, Property, Or Public Domain?, Kenneth E. Spahn

Nova Law Review

This article discusses the right of publicity, beginning in Part II with

the difficulty in defining a legal right of publicity, and the resulting various

legal doctrines upon which the right has been analyzed.

The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Privacy And Communications Networks, Joseph A. Post

Fordham Law Review

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.

The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley

Seattle University Law Review

This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …

Privacy Vs. Convenience: The Benefits And Drawbacks Of Tax System Modernization, E. Maria Grace

Federal Communications Law Journal

The Internal Revenue Service has launched the Tax System Modernization (TSM) program, a $23 billion plan to modernize its computer and information systems. TSM will be the largest computer upgrade ever undertaken by the federal government. Like any other computer network, TSM will inevitably be threatened by computer viruses, professional eavesdroppers, power outages, natural disasters, and human error. Given the sensitive nature of tax returns, the IRS has the difficult task of modernizing its data collection procedures and telecommunications facilities without risking the privacy of taxpayers and offending the security measures required by the Privacy Act of 1974, Computer Security …

Section 3: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

A Proposal For Protecting Privacy During The Information Age, Carol R. Williams

Alaska Law Review

No abstract provided.

The Consensual Electronic Surveillance Experiment: State Courts React To "United States V. White", Melanie L. Black Dubis

Vanderbilt Law Review

It has long been recognized that a state, if its citizens so chose, may "serve as a laboratory" for economic and social legislation. In an era of new federalism, state courts have experimented by extending individual rights under state constitutions that the United States Supreme Court, beginning with the Burger Court, refused to recognize under the federal constitution. Although this approach has been criticized by the judiciary and academia, it continues to be a driving force in the development of individual rights.

In United States v. White, the Supreme Court held that the police practice of obtaining evidence with warrantless …

Legislative Amendments To The District Of Columbia's Vital Records Act: Medical Cause Of Death Privacy, Suzanne Brette Greene

University of the District of Columbia Law Review

No abstract provided.

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Regulating The Airwaves: The Governmental Alternative To Avoid The Cellular Uncertainty On Privacy And The Attorney-Client Privilege, Jose L. Nunez

St. Thomas Law Review

This Comment will analyze the federal government's latest attempts to assure privacy and order in wireless communication in an effort to avoid the uncertainty prevalent during the early days of cellular telephony. First, Part II will examine the history behind present legislation designed to afford privacy to wireless communications. Part I will describe the judicial interpretation of this legislation. Part IV will then discuss the attorney-client privilege in the context of wireless communications. Finally, Part V will analyze the available options to assure privacy with an emphasis on a standard encryption code promoted by the government.

Search And Seizure: People V. Galak

Touro Law Review

No abstract provided.

Search And Seizure: People V. Edney

Touro Law Review

No abstract provided.

Search And Seizure: In Re Gregory M.

Touro Law Review

No abstract provided.

Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg

Faculty Scholarship

The confluence of plans for an Information Superhighway, actual industry self-regulatory practices, and international pressure dictate renewed consideration of standard setting for fair information practices in the U.S. private sector. The legal rules, industry norms, and business practices that regulate the treatment of personal information in the United States are organized in a wide and dispersed manner. This Article analyzes how these standards are established in the U.S. private sector. Part I argues that the U.S. standards derive from the influence of American political philosophy on legal rule making and a preference for dispersed sources of information standards. Part II …

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 …

Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.

Law Faculty Scholarly Articles

Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …

Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter

Michigan Law Review

This Note argues first that courts and legislatures should follow a presumption against mandating disclosure of a person's genetic information to third parties. Second, genetic testing for the benefit of a third party should not, and constitutionally cannot, be compelled. Part I presents an overview of genetics and discusses the special legal and ethical issues genetic testing poses. Part II examines the issue of nonconsensual disclosure to family members, who could potentially use the information from tests that have already been performed. This Part concludes that there should be a presumption against disclosure. Part III examines a related, but different, …

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

Vanderbilt Law School Faculty Publications

This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.

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.