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Constitutional Law

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Articles 781 - 810 of 819

Full-Text Articles in Privacy Law

Pennsylvania Constitutional Law - Search And Seizure - Right To Privacy - Individual Banking Records, Jane E. L. Miller Jan 1980

Pennsylvania Constitutional Law - Search And Seizure - Right To Privacy - Individual Banking Records, Jane E. L. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania Constitution protects an individual bank depositor's records from unauthorized police subpoenas when no legal proceedings have been instituted against the individual.

Commonwealth v. DeJohn, 403 A.2d 1283 (Pa. 1979)


Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger Oct 1979

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 …


Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan Aug 1979

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 …


The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton Aug 1979

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.


Rewriting Roe V. Wade, Donald H. Regan Aug 1979

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


Privacy, Secrecy, And Reputation, Richard A. Posner Jan 1979

Privacy, Secrecy, And Reputation, Richard A. Posner

Buffalo Law Review

No abstract provided.


From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege? Nov 1978

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.


To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr. Jul 1978

To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.


Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross Apr 1978

Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross

Buffalo Law Review

No abstract provided.


The Illinois Abortion Parental Consent Act Of 1977: A Far Cry From Permissible Consultation, 12 J. Marshall J. Prac. & Proc. 135 (1978), Andrew P. Nemiroff Jan 1978

The Illinois Abortion Parental Consent Act Of 1977: A Far Cry From Permissible Consultation, 12 J. Marshall J. Prac. & Proc. 135 (1978), Andrew P. Nemiroff

UIC Law Review

No abstract provided.


Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus Jan 1978

Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus

University of Richmond Law Review

This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …


Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr. Oct 1977

Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.


Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney Mar 1977

Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney

BYU Law Review

No abstract provided.


Doe V. Commonwealth's Attorney: A Set-Back For The Right Of Privacy, Tim O'Neill Jan 1977

Doe V. Commonwealth's Attorney: A Set-Back For The Right Of Privacy, Tim O'Neill

Kentucky Law Journal

No abstract provided.


Nixon V. Administrator Of General Services, Lewis F. Powell Jr. Oct 1976

Nixon V. Administrator Of General Services, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz Oct 1976

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.


Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman Apr 1976

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …


Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth Apr 1976

Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth

Vanderbilt Law Review

Constitutional Law--Action Under Color of State Law--Legislative Authorization of Private Action Resembling Public Function Constitutes Action Under Color of State Law

The instant case creates a two to two split in the circuits on the question whether the seizure of a tenant's possessions under a land-lord lien statute is action under color of state law. The decisions in Davis and Anastasia provide the potential for abuse that Fuentes was designed to prevent-the indiscriminate entry into the debtor's home and seizure of his belongings without prior notice and hearing.Hall and the instant opinion, however, provide a more equitable result. While the …


Constitutional Law - Minors' Right Of Privacy Versus Parental Right Of Control - Access To Contraceptives Absent Parental Concent - T H V. Jones, Damian C. Smith Mar 1976

Constitutional Law - Minors' Right Of Privacy Versus Parental Right Of Control - Access To Contraceptives Absent Parental Concent - T H V. Jones, Damian C. Smith

BYU Law Review

No abstract provided.


The Interception Of Communications Without A Court Order: Title Iii, Consent, And The Expectation Of Privacy, Clifford S. Fishman Jan 1976

The Interception Of Communications Without A Court Order: Title Iii, Consent, And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles

No abstract provided.


Runyon V. Mccrary, Lewis F. Powell, Jr. Oct 1975

Runyon V. Mccrary, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer Oct 1975

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.


Constitutional Law-Right To Privacy-Electronic Surveillance, J. Timothy Dipiero Feb 1974

Constitutional Law-Right To Privacy-Electronic Surveillance, J. Timothy Dipiero

West Virginia Law Review

No abstract provided.


On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson Jan 1973

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.


A Woman's Right To Voluntary Sterilization, Susan L. Bloom Oct 1972

A Woman's Right To Voluntary Sterilization, Susan L. Bloom

Buffalo Law Review

No abstract provided.


Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter Sep 1971

Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter

West Virginia Law Review

No abstract provided.


Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg Jan 1970

Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg

Buffalo Law Review

Chimel v. California, 395 U.S. 752 (1969).


Constitutional Law—Detentions For The Purpose Of Obtaining Fingerprints Are Subject To The Fourth Amendment’S Constraints Against Unreasonable Searches And Seizures, Gregory Stamm Jan 1970

Constitutional Law—Detentions For The Purpose Of Obtaining Fingerprints Are Subject To The Fourth Amendment’S Constraints Against Unreasonable Searches And Seizures, Gregory Stamm

Buffalo Law Review

Davis v. Mississippi, 394 U.S. 721 (1969).


Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer Jan 1970

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

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 …