Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Right to privacy (6)
- Abortion (5)
- Police (4)
- Pregnancy (4)
- Roe v. Wade (4)
-
- Women (4)
- Authority (3)
- Fifth Amendment (3)
- Fourth Amendment (3)
- Freedom (3)
- Gender and law (3)
- Police misconduct (3)
- Power (3)
- Searches (3)
- United States Supreme Court (3)
- Access to information (2)
- Behavior (2)
- Gender discrimination (2)
- Information (2)
- Law reform (2)
- Privacy (2)
- Reproductive rights (2)
- Burdens (1)
- Case law (1)
- Channeling function (1)
- Children (1)
- Coercion (1)
- Compliance (1)
- Compulsion (1)
- Computers (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Privacy Law
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Articles
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges from …
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Michigan Telecommunications & Technology Law Review
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However, these …
Looking Back On Planned Parenthood V. Casey, Christina B. Whitman
Looking Back On Planned Parenthood V. Casey, Christina B. Whitman
Articles
Scholarship that tells us what is really at stake in the lives of people affected makes the law honest and responsive. Whether or not it directly shapes doctrine, this type of scholarship can capture imagination and influence judgment. The Michigan Law Review has published some of the best of this work: Yale Kamisar's articles on coerced confessions, Terry Sandalow's essay on affirmative action, Joe Sax and Phillip Hiestand's description of the emotional impact of living in a slum, Martha Chamallas and Linda Kerber's demonstration of how injuries that uniquely befall women have been dismissed as merely emotional wrongs, and, most …
The Countermajoritarian Paradox, Neal Davis
The Countermajoritarian Paradox, Neal Davis
Michigan Law Review
A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Michigan Law Review
A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Michigan Law Review
Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …
Reply, William J. Stuntz
Reply, William J. Stuntz
Michigan Law Review
A Reply to Louis Michael Seidman's Response
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Michigan Law Review
A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin
State Interest Analysis And The Channeling Function, Carl E. Scheider
State Interest Analysis And The Channeling Function, Carl E. Scheider
Book Chapters
In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.
Public Employees Or Private Citizens: The Off-Duty Sexual Activities Of Police Officers And The Constitutional Right Of Privacy, Michael A. Woronoff
Public Employees Or Private Citizens: The Off-Duty Sexual Activities Of Police Officers And The Constitutional Right Of Privacy, Michael A. Woronoff
University of Michigan Journal of Law Reform
This Note proposes a framework for dealing with problems in this area in a manner which best balances the competing interests involved. It argues that, while there is no explicit constitutional guarantee of privacy, the state is not free to regulate all aspects of a police officer's otherwise legal, off-duty, sexual activity. Part I of the Note examines several possible sources of a constitutional right of privacy. It concludes that, although many of the courts which invalidate state regulation of police officers' off-duty sexual activity do so on the basis of some constitutional right of privacy, any implied fundamental right …
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
University of Michigan Journal of Law Reform
This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Michigan Law Review
The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …
Constitutional Law-Due Process-Use Of Television At Congressional Hearings, S. I. Shuman
Constitutional Law-Due Process-Use Of Television At Congressional Hearings, S. I. Shuman
Michigan Law Review
Defendant, not claiming constitutional protection against self-incrimination, refused to testify before a Senate committee on grounds that his "constitutional rights" would be violated if compelled to give testimony while being televised, photographed, etc. Cited for willfully and without justification refusing to testify on matters pertinent to the purpose of the inquiry, defendant was tried for contempt of Congress. Held, not guilty; defendant's refusal was justified. The court, after stating that there were no precedents, and that no constitutional issue was involved, seemed to rest its decision on the fact that the atmosphere of the forum did not lend itself …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Michigan Law Review
The Right of Privacy at Common Law; Limitation of a Carrier's Liability for Negligence; Validity of Corporate By-Law Vesting in Directors the Discretionary Power of Denying Stockholders the Right to Examine the Corporate Books; A Single Action of Successive Actions for a Nuisance; Status of One Holding Office Under an Unconstitutional Statute; Two Recent Decisions Preventing the Presbyterian Re-Union
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …
Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster
Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster
Michigan Law Review
Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;