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Articles 1981 - 2010 of 2071
Full-Text Articles in Law
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Duke Law Journal
No abstract provided.
Privacy, Abortion, And Judicial Review: Haunted By The Ghost Of Lochner, Helen Garfield
Privacy, Abortion, And Judicial Review: Haunted By The Ghost Of Lochner, Helen Garfield
Washington Law Review
This article poses the question whether Lochner can finally be laid to rest without repudiating all applications of substantive due process, particularly protection of privacy and autonomy. The answer to that question requires a closer look at Lochner itself, and then at Griswold, Roe, and a few of the cases in between. The answers suggested by Ely, Perry, Choper, and others will then be discussed. Finally, this article will examine the ideas and ideals of the man who first conceived the common law right of privacy, Justice Louis D. Brandeis.
The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck
The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck
Vanderbilt Law Review
This Recent Development argues that although an opinion endorsed by only two justices is not binding precedent, this portion of Segura represents an undesirable departure from the strict protections traditionally afforded a person's privacy interest in the home and leaves lower courts confused about the constitutional limitations on seizures in the home. Part II examines prior Supreme Court opinions that have defined the parameters of permissible warrantless searches and seizures. Part III explores the circuit court opinions that have developed a "securing of the premises"exception. Part IV describes Chief Justice Burger's analysis in Segura. Part V argues that the Chief …
Alaska’S Right To Privacy Ten Years After Ravin V. State: Developing A Jurisprudence Of Privacy, John F. Grossbauer
Alaska’S Right To Privacy Ten Years After Ravin V. State: Developing A Jurisprudence Of Privacy, John F. Grossbauer
Alaska Law Review
No abstract provided.
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
Conversation With Lee Bollinger - 1985, Wendy J. Gordon
Scholarship Chronologically
First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.
Conversation With Whit Gray - 1985, Wendy J. Gordon
Conversation With Whit Gray - 1985, Wendy J. Gordon
Scholarship Chronologically
Whit Gray argued that even for things most of us would feel comfy saying AREN'T property, like the "idea" of shopping malls, we wouldn't feel so comfy with copying if the blueprints for the idea were copied prior to the time they became public. He argues also, that something more than "privacy" is at issue in our anger at visualizing such an intrusive prepublication copying.
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall
Vanderbilt Law Review
The 1976 Copyright Act (the 1976 Act) embodies the most extensive reforms in the history of our nation's copyright laws. One proposed reform that is noticeably absent from the statutory scheme, however, is the explicit adoption of protections for the personal rights of creators with respect to their works. Instead,the 1976 Act continues this country's tradition of safeguarding only the pecuniary rights of a copyright owner. By assuring the copyright owner the exclusive rights to reproduce and distribute the original work, to prepare derivative works, and to perform and display publicly certain types of copyrighted works, the 1976 Act focuses …
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Seattle University Law Review
This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …
Privacy In Confucian And Taoist Thought, Christina B. Whitman
Privacy In Confucian And Taoist Thought, Christina B. Whitman
Book Chapters
Only three aspects of the broad concept "privacy" will be explored in this essay: privacy as providing a sphere for intimate personal relationships with family and friends, privacy as freedom from surveillance for purposes of gathering personal information, and privacy as freedom from interference by government or social controls. These concepts describe quite different concerns. They are often grouped together under the single term "privacy," but not without some strain... A comparison between a modern Western value and its counterpart, if any, in very early Confucian and Taoist belief is inevitably somewhat strained. But it serves a purpose. If nothing …
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg
Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Lost Privacy In The Computer Age: Computer Matching Programs Are Turning Uncle Sam Into Big Brother, Miriam Lapp Azrael
Lost Privacy In The Computer Age: Computer Matching Programs Are Turning Uncle Sam Into Big Brother, Miriam Lapp Azrael
University of Baltimore Law Forum
No abstract provided.
Voluntary Active Euthanasia For The Terminally Ill And The Constitutional Right To Privacy, Steven J. Wolhandler
Voluntary Active Euthanasia For The Terminally Ill And The Constitutional Right To Privacy, Steven J. Wolhandler
Cornell Law Review
No abstract provided.
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …
Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge
Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge
Fordham Law Review
No abstract provided.
Is The Privacy Act An Exemption 3 Statute And Whose Statute Is It Anyway?, Susan Marble
Is The Privacy Act An Exemption 3 Statute And Whose Statute Is It Anyway?, Susan Marble
Fordham Law Review
No abstract provided.
Is The Privacy Act An Exemption 3 Statute And Whose Statute Is It Anyway?, Susan Marble
Is The Privacy Act An Exemption 3 Statute And Whose Statute Is It Anyway?, Susan Marble
Fordham Law Review
No abstract provided.
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Faculty Scholarship
I feel very comfortable talking about human rights, civil rights, the role of individual privacy, autonomy, and dignity in making decisions about oneself. Yesterday's topics concerning adults and privacy, however, were much easier than today's, which deal with children. It's not difficult to argue for the right of competent adults, whether it be in Texas' or California,2 to make their own decisions. As much as we may or may not agree with their decisions, at least arguing that -competent individuals like Dax Cowart and Elizabeth Bouvia have a right to make their own decisions makes a lot of sense; the …
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Northern Illinois University Law Review
A preliminary examination of the extent to which the fourth amendment protects the privacy of interpersonal relationships and of information or property that one person has shared with another, focusing particularly on the need for subjecting the informant system to additional judicial control.
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Duke Law Journal
No abstract provided.
Requiem For A Heavyweight: A Farewell To Warren And Brandeis’S Privacy Tort, Diane L. Zimmerman
Requiem For A Heavyweight: A Farewell To Warren And Brandeis’S Privacy Tort, Diane L. Zimmerman
Cornell Law Review
No abstract provided.
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
St. Mary's Law Journal
Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …
Searches Of Private Papers: Incorporating First Amendment Principles Into The Determination Of Objective Reasonableness, Suzanne M. Berger
Searches Of Private Papers: Incorporating First Amendment Principles Into The Determination Of Objective Reasonableness, Suzanne M. Berger
Fordham Law Review
No abstract provided.
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Law Faculty Scholarly Articles
This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Law Faculty Publications
There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seen is unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
Vanderbilt Journal of Transnational Law
Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …
English Judicial Recognition Of A Right To Privacy, David J. Seipp
English Judicial Recognition Of A Right To Privacy, David J. Seipp
Faculty Scholarship
The average Englishman's habits of reserve and regard for his own privacy are legendary. It is surprising, therefore, that English courts have, until very recently, shown great reluctance to recognize privacy as an interest worthy of legal protection in its own right. The experience of other common law countries has not been the same; privacy law has flourished in the United States' and has gained a foothold in Australia and Canada. Moreover, a right to privacy has received international recognition in the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the European Convention on …
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Cornell Law Review
No abstract provided.
Planned Parenthood Assn. V. Ashcroft, Lewis F. Powell Jr
Planned Parenthood Assn. V. Ashcroft, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Simopoulos V. Virginia, Lewis F. Powell Jr.
Simopoulos V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.