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Articles 1921 - 1950 of 2071
Full-Text Articles in Law
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
Scholarship Chronologically
The basic logic of my deontologic approach is this.
Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode
Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode
Cleveland State Law Review
Since the 1970's, federal legislation has expanded privacy rights in nonconstitutional areas. Juxtaposed against this more liberal legislative trend is the action of a significantly more conservative judiciary which has, and is, contracting that right in those areas governed by the Constitution. An examination of the Supreme Court's most recent decisions in the criminal law arena readily bears witness to this proclivity.
Rip To Irp - Money Laundering And Drug Trafficking Controls Score A Knockout Victory Over Bank Secrecy, Berta E. Hernández-Truyol
Rip To Irp - Money Laundering And Drug Trafficking Controls Score A Knockout Victory Over Bank Secrecy, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Article reviews the evolution of bank secrecy laws and comments on the erosion of rights effected by the domestic and international efforts to curb drug trafficking and money laundering. Part II reviews the evolution of bank secrecy laws in the international sphere and views the origins of the individuals' right to financial privacy. Specifically, Part II focuses on the laws of Switzerland and England to show the bases and proliferation of secrecy protections. Part III provides the background of the status of financial privacy in the United States. The following two parts describe initiatives aimed at eliminating drug trafficking …
Constitutional Posture Of Canine Sniffs, Lina Shahin
Constitutional Posture Of Canine Sniffs, Lina Shahin
Touro Law Review
No abstract provided.
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.
"The Right Of Privacy", Fernando Bustos
"The Right Of Privacy", Fernando Bustos
Brigham Young University Prelaw Review
The concept of a right of privacy is one that is currently the focal point of the argument for legalized abortion, and for women's rights in general. By examining the history of this issue, along with its influence upon the U.S. Constitution, and the decisions of the U.S. Supreme Court, we will be better enabled to understand the legal debate at hand.
The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White
The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White
RISK: Health, Safety & Environment (1990-2002)
Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
Death Privacy And The Free Exercise Of Religion , Tom Stacy
Death Privacy And The Free Exercise Of Religion , Tom Stacy
Cornell Law Review
No abstract provided.
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey
Faculty Articles and Other Publications
This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
"Who Goes There?" -- Proposing A Model Anti-Mask Act, Stephen J. Simoni
Fordham Law Review
No abstract provided.
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …
Commerce And Trade Selling And Other Trade Practices: Prohibit Requested Information As A Condition Of Sale, Scott P. Hilsen
Commerce And Trade Selling And Other Trade Practices: Prohibit Requested Information As A Condition Of Sale, Scott P. Hilsen
Georgia State University Law Review
The Act prohibits merchants from compelling a purchaser to disclose the purchaser's phone number as a contingency of a credit card sale. Merchants, as a condition of accepting a check or draft, are prohibited from imprinting the information from a purchaser's credit card on the check or draft, or in any way transcribing the purchaser's credit card number. The Act provides for acceptable business practices regarding a purchaser's telephone number or credit card number. A violator, or prospective violator, of the Act's provisions is subject to a cease and desist order or a civil penalty.
Drugs Vs. Privacy: The New Game In Sports, Charles A. Palmer
Drugs Vs. Privacy: The New Game In Sports, Charles A. Palmer
Marquette Sports Law Review
No abstract provided.
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
Ethereal Torts, Nancy Levit
Ethereal Torts, Nancy Levit
Faculty Works
Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Fordham Law Review
Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …
Outing And Freedom Of The Press: Sexual Orientation’S Challenge To The Supreme Court’S Categorical Jurisprudence , Jon E. Grant
Outing And Freedom Of The Press: Sexual Orientation’S Challenge To The Supreme Court’S Categorical Jurisprudence , Jon E. Grant
Cornell Law Review
No abstract provided.
The World Without A Fourth Amendment, Christopher Slobogin
The World Without A Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of amending the amendment. Starting on a blank slate, as it were, should free us from current preconceptions about the law of search and seizure, ingrained after years of analyzing current dogma. Viewed from this fresh perspective, we might gain a better understanding of the values at stake when the state seeks to obtain evidence or detain suspects. This new understanding in …
Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur
Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur
Northern Illinois University Law Review
275 This article reviews the medical nature of AIDS and the effect AIDS has on the changing legal climate in the United States regarding privacy and confidentiality. The author details the uniqueness of AIDS and the problems and responses of the Federal Bureau of Prisons to this late 20th Century epidemic.
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Scholarship Chronologically
In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …
Prescription Drug Approval And Terminal Diseases: Desperate Times Require Desperate Measures, John P. Dillman
Prescription Drug Approval And Terminal Diseases: Desperate Times Require Desperate Measures, John P. Dillman
Vanderbilt Law Review
It is no surprise that the press, in exercising its traditional first amendment freedom, often discloses truthful information about individuals that those individuals would prefer to keep private. An inevitable tension exists between the public's right to know and the individual's right to be let alone.' What is surprising, however, especially given the historic recognition of both a free press and individual privacy as rights fundamental to the preservation of American society, is that the privacy interests of the individual almost always lose. The prevalent rationale for this lopsided result is that the first amendment protects the values promoted by …
Some Queries About Privacy And Constitutional Rights, Michael Grossberg
Some Queries About Privacy And Constitutional Rights, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.