Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (904)
- Constitutional Law (345)
- Internet Law (302)
- Science and Technology Law (286)
- Fourth Amendment (260)
-
- Computer Law (170)
- First Amendment (159)
- Law and Society (149)
- Criminal Law (148)
- Intellectual Property Law (143)
- Health Law and Policy (130)
- Criminal Procedure (128)
- Social and Behavioral Sciences (127)
- Civil Rights and Discrimination (102)
- Communications Law (96)
- State and Local Government Law (80)
- Consumer Protection Law (79)
- Legislation (79)
- International Law (78)
- Supreme Court of the United States (75)
- Comparative and Foreign Law (69)
- National Security Law (67)
- Labor and Employment Law (66)
- Law and Gender (66)
- Torts (65)
- Legal Studies (61)
- Law Enforcement and Corrections (58)
- Evidence (57)
- Human Rights Law (57)
- Institution
-
- Boston University School of Law (130)
- Fordham Law School (113)
- University of Michigan Law School (102)
- Vanderbilt University Law School (89)
- Maurer School of Law: Indiana University (58)
-
- American University Washington College of Law (57)
- Washington University in St. Louis (51)
- University of Oklahoma College of Law (48)
- Roger Williams University (47)
- George Washington University Law School (46)
- Touro University Jacob D. Fuchsberg Law Center (45)
- University of Maryland Francis King Carey School of Law (45)
- Duke Law (44)
- University of Colorado Law School (44)
- Pepperdine University (43)
- Schulich School of Law, Dalhousie University (41)
- University of Florida Levin College of Law (38)
- Georgetown University Law Center (37)
- University of Miami Law School (32)
- William & Mary Law School (32)
- New York Law School (31)
- University of Washington School of Law (31)
- Cornell University Law School (28)
- Seattle University School of Law (28)
- Chicago-Kent College of Law (27)
- University of South Carolina (25)
- The Catholic University of America, Columbus School of Law (24)
- University of Georgia School of Law (24)
- BLR (22)
- Marquette University Law School (22)
- Publication
-
- Faculty Scholarship (209)
- Faculty Publications (57)
- Scholarship@WashULaw (51)
- Articles (46)
- GW Law Faculty Publications & Other Works (46)
-
- Fordham Law Review (42)
- Touro Law Review (42)
- Publications (39)
- Georgetown Law Faculty Publications and Other Works (37)
- UF Law Faculty Publications (37)
- Faculty Articles (32)
- Vanderbilt Journal of Entertainment & Technology Law (32)
- Pepperdine Law Review (27)
- School of Law Conferences, Lectures & Events (26)
- Vanderbilt Law Review (26)
- Articles, Book Chapters, & Popular Press (25)
- Vanderbilt Law School Faculty Publications (25)
- Articles by Maurer Faculty (24)
- Michigan Telecommunications & Technology Law Review (24)
- All Faculty Scholarship (23)
- Fordham Intellectual Property, Media and Entertainment Law Journal (23)
- Michigan Law Review (23)
- Scholarly Works (23)
- Seattle University Law Review (23)
- ExpressO (22)
- Scholarly Articles in Law Reviews & Journals (21)
- Articles & Chapters (20)
- Journal Articles (20)
- American University Law Review (18)
- Indiana Law Journal (18)
- Publication Type
Articles 2011 - 2040 of 2071
Full-Text Articles in Law
Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks
Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks
Cornell Law Review
No abstract provided.
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Northwestern Journal of International Law & Business
The merger of computer and communications technologies in the past two decades has revolutionized information processing throughout the world. The most recent telecommunications advances possible direct international transfers of sensitive personal data via computer-satellite links. Computerized data bases containing commercial information identifying citizens of one country are now routinely transferred to and stored in another, often without the knowledge of the individuals identified in the data. Numerous European countries have enacted data protection legislation with the avowed intent to protect their citizens from the improper use of personal information that is transferred extranationally. These data protection laws prohibit the export …
Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister
Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister
Fordham Law Review
No abstract provided.
The Dilemma Of The Intimidated Witness In Federal Organized Crime Prosecutions: Choosing Among The Fear Of Reprisals, The Contempt Powers Of The Court, And The Witness Protection Program, Stuart Mass
Fordham Law Review
No abstract provided.
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Cleveland State Law Review
This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …
Limited Waiver Of The Attorney-Client Privilege Upon Voluntary Disclosure To The Sec, Martin P. Hicks
Limited Waiver Of The Attorney-Client Privilege Upon Voluntary Disclosure To The Sec, Martin P. Hicks
Fordham Law Review
No abstract provided.
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …
The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown
The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown
Vanderbilt Law Review
This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the exclusionary rule.' Nevertheless, it should be noted that these decisions appear questionable. It seems clear that a refusal to apply the rule in cases of particular fourth amendment transgressions will produce no incremental deterrence of unlawful police conduct, and inconsistent application of the rule arguably could diminish whatever deterrent value does exist.Therefore, if deterrence is viewed as the primary--if not only-function of the exclusionary rule, that goal should be promoted through thorough and consistent application of the rule.The Supreme Court, however, has …
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
Antioch Law Journal
Among the most difficult questions arising out of an adoption is whether a record should be reopened at the request of an adult adoptee seeking information about his or her biological parents. In most jurisdictions an adoptee seeking this information must obtain a court order.'Adoption proceedings are statutory and, therefore, proceedings to unseal records are governed by state adoption laws. However,existing statutory standards are vague. Ultimately the decision to grant or deny access is a discretionary one lying with the courts.Further, in exercising their discretion, courts are faced with the difficult problem of resolving potentially conflicting interests of the adoptee, …
Europe Responds To The Challenge Of The New Information Technologies: A Teleinformatics Strategy For The 1980’S, Thomas J. Ramsey
Europe Responds To The Challenge Of The New Information Technologies: A Teleinformatics Strategy For The 1980’S, Thomas J. Ramsey
Cornell International Law Journal
No abstract provided.
Telecommunications Regulations As Barriers To The Transborder Flow Of Information, Joseph P. Markoski
Telecommunications Regulations As Barriers To The Transborder Flow Of Information, Joseph P. Markoski
Cornell International Law Journal
No abstract provided.
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Articles
The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
University of Arkansas at Little Rock Law Review
No abstract provided.
Right Of Publicity: Survivability Reconsidered, Andrew B. Sims
Right Of Publicity: Survivability Reconsidered, Andrew B. Sims
Fordham Law Review
No abstract provided.
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fourth Amendment Protection For The Juvenile Offender: State, Parent, And The Best Interests Of The Minor, Kenneth T. Hanley
Fordham Law Review
No abstract provided.
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Aerial Surveillance: Overlooking The Fourth Amendment , Susan A. Higgins
Fordham Law Review
No abstract provided.
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted erosion of fourth amendment protections. After concluding that these decisions provide little guidance to lower courts, Professor Slobogin offers a set of principles which will aid in analyzing the Court's direction.
The Right To Privacy In Nineteenth Century America, David J. Seipp
The Right To Privacy In Nineteenth Century America, David J. Seipp
Faculty Scholarship
On December 15, 189o, Samuel D. Warren and Louis D. Brandeis, two young Boston law partners, published an article in the Harvard Law Review entitled The Right to Privacy. In that article, they proposed a remedy for invasions of personal privacy by the press. More than ninety years later, protection of privacy has become a major concern of the law. Legal scholars have organized the extensive body of case law into a coherent common law of privacy; the Supreme Court has enshrined the right to privacy in the "penumbra" of the Bill of Rights; and Congress has enacted additional safeguards.
Thinking Clearly About Privacy, Thomas Huff
Thinking Clearly About Privacy, Thomas Huff
Washington Law Review
The purpose of this article is to offer a fresh assessment of the right of privacy. It begins with discussion of the privacy norm, drawing on our ordinary judgments and experiences to clarify and elaborate the interest persons have in privacy. It then reviews some of the Supreme Court's reasoning on privacy, explains the Court's confusions, and proposes a way that we and the Court might think more clearly about these difficult matters.
Eros, Civilization And The Burger Court, Thomas C. Grey
Eros, Civilization And The Burger Court, Thomas C. Grey
Law and Contemporary Problems
No abstract provided.
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Federal Legislative Proposals For The Protection Of Privacy , Ludmila Kaniuga-Golad
Fordham Urban Law Journal
Previously, privacy rights had to be litigated under one of the four recognized tort claim of actions. With the advent of the computer age, it was argued that new causes of actions should be created to supplement the individually recognized privacy rights of the people. At the time this article was written, several privacy related bills were before congress. The note examines the benefits of the bills proposed, and the (justified) failure of the proposals to consider a single federal information data bank due to its inability to safeguard privacy. It also synopsizes the Subcommittee on Constitutional Rights' findings on …
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Fordham Law Review
No abstract provided.
Raiding The Confessional--The Use Of Income Tax Returns In Nontax Criminal Investigations, David E. Joyce
Raiding The Confessional--The Use Of Income Tax Returns In Nontax Criminal Investigations, David E. Joyce
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford
Cornell Law Faculty Publications
No abstract provided.
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Fordham Law Review
No abstract provided.