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Full-Text Articles in Privacy Law

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels Jan 2013

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels

Michigan Journal of Gender & Law

For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …


How The Movies Became Speech, Samantha Barbas Apr 2012

How The Movies Became Speech, Samantha Barbas

Journal Articles

In its 1915 decision in Mutual Film v. Industrial Commission of Ohio, the Supreme Court held that motion pictures were, as a medium, unprotected by freedom of speech and press because they were mere “entertainment” and “spectacles” with a “capacity for evil.” Mutual legitimated an extensive regime of film censorship that existed until the 1950s. It was not until 1952, in Burstyn v. Wilson, that the Court declared motion pictures to be, like the traditional press, an important medium for the communication of ideas protected by the First Amendment. By the middle of the next decade, film censorship in the …


The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin Jan 2012

The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg Jan 2012

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill Jan 2012

Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia Jan 2012

Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney Jan 2011

Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney

Articles, Book Chapters, & Popular Press

If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …


The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards Jan 2010

The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards

Scholarship@WashULaw

Most courts and scholarship assume that privacy and free speech are always in conflict, even though each of these traditions can be traced back to writings by Louis D. Brandeis – his 1890 Harvard Law Review article “The Right to Privacy” and his 1927 concurrence in Whitney v. California. How can modern notions of privacy and speech be so fundamentally opposed if Brandeis played a major role in crafting both? And how, if at all, did Brandeis recognize or address these tensions? These questions have been neglected by scholars of First Amendment law, privacy, and Brandeis. In this paper, I …


In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier Jan 2009

In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier

NYLS Law Review

No abstract provided.


Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher Jan 2009

Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher

NYLS Law Review

No abstract provided.


Privacy And The Limits Of History, Neil M. Richards Jan 2009

Privacy And The Limits Of History, Neil M. Richards

Scholarship@WashULaw

A short review essay of Lawrence Friedman's "Guarding Life's Dark Secrets: Legal and Social Controls over Reputation, Propriety, and Privacy" (Stanford Press 2007). The essay argues that Friedman tells a nuanced and compelling story of the rise and fall of the "Victorian Compromise," a series of interlocking legal doctrines protecting the reputations of elites around the turn of the twentieth century. "Dark Secrets" undeniably advances our understanding of both the genesis of privacy law and the relationships between law and culture in the Gilded Age. As a work of legal history, it is an instant classic–a must-read for anyone interested …


Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan Jan 2008

Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan

NYLS Law Review

No abstract provided.


Regulation Of Municipal Wi-Fi, Michael Botein Jan 2006

Regulation Of Municipal Wi-Fi, Michael Botein

NYLS Law Review

No abstract provided.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.


Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko Jan 2005

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.


Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter Jun 2004

Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter

Michigan Law Review

In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay. The obvious point of departure for an analysis of Lawrence is its decriminalization of much sexual conduct. Justice Scalia began this project with his dire warning that "[s]tate laws against bigamy, samesex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in …


Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis Jun 2004

Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis

Michigan Law Review

The republic will no doubt survive the Supreme Court's decision, in Lawrence v. Texas, to invalidate laws against private, consensual sodomy, including those limited to homosexual behavior. Such laws are almost never enforced, and the rare prosecutions for such acts are necessarily capricious. So the principal direct effect of the Court's decision is likely to be extremely limited, and largely salutary: a few individuals will be spared the bad luck of getting a criminal conviction for violating laws that are manifestly out of step with prevailing sexual mores. Nor are we likely to see anything like the intense political …


Surviving Lawrence V. Texas, Marc Spindelman Jun 2004

Surviving Lawrence V. Texas, Marc Spindelman

Michigan Law Review

The lesbian and gay communities have reacted to the Supreme Court's decision in Lawrence v. Texas - striking down state sodomy laws on Due Process grounds - with unbridled enthusiasm. Lawrence has variously been praised as an unmitigated victory for lesbian and gay rights, a turning point in our community's history, and the moment when we have gone from second-class political outcasts to constitutional persons with first-class rights. Obviously, something remarkable happened in Lawrence. In an opinion written by Justice Anthony Kennedy, the Court declared that John Geddes Lawrence and Tyrone Gamer, who had been convicted under Texas's sodomy …


Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler Jan 2004

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …


Edith Wharton, Privacy, And Publicity, Jessica Bulman-Pozen Jan 2004

Edith Wharton, Privacy, And Publicity, Jessica Bulman-Pozen

Faculty Scholarship

"It's the woman's soul, absolutely torn up by the roots-her whole self laid bare .... I don't mean to read another line; it's too much like listening at a keyhole." When Mrs. Touchett speaks these words in Edith Wharton's early novella, The Touchstone, we may wonder whether Wharton is mocking her own voyeuristic readership and grappling with her tenuous privacy as a professional female author. Despite her protestations, Mrs. Touchett has relished reading the letters of Mrs. Aubyn, a deceased novelist whose former lover, Stephen Glennard, has published her correspondence. It is precisely because these love letters (or "unloved letters" …


Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble Jan 2000

Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble

UIC Law Review

No abstract provided.


Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo Jan 1998

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.


Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks May 1989

Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks

Michigan Law Review

A Review of Privacy in a Public Society: Human Rights in Conflict by Richard F. Hixson


The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson Jan 1986

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.


The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …