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Articles 1 - 9 of 9
Full-Text Articles in Privacy Law
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Michigan Law Review
Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into the constitutional protection of the relationship between a reporter and a confidential source. This case - decided at a moment in American history in which the role of an investigative press, and of information provided by confidential sources, was coming to the forefront of public consciousness in a new and significant way - produced a reporter-focused "privilege" that is now widely regarded to be both doctrinally questionable and deeply inconsistent in application. Although the post-Branzburg privilege has been recognized as flawed in a …
Confidentiality Of Educational Records And Child Protective Proceedings, Frank E. Vandervort
Confidentiality Of Educational Records And Child Protective Proceedings, Frank E. Vandervort
Book Chapters
The Federal Family Education Rights and Privacy Act (FERPA), which provides funding for state educational programming, requires that student records be disclosed to a nonparent only with the written consent of the child’s parent, unless the disclosure falls within one of the several exceptions detailed in the statute. One of the exemptions provided for in the federal law permits a school to disclose information to “state or local officials or authorities to whom [that] information is allowed to be reported or disclosed pursuant to state statute,” if that official certifies in writing “that the information will not be disclosed to …
Hipaa-Cracy, Carl E. Schneider
Hipaa-Cracy, Carl E. Schneider
Articles
The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …
In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky
In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky
University of Michigan Journal of Law Reform
This Note argues against the adoption of a crime fraud exception to the federal psychotherapist-patient privilege. Part I argues that the restrictive legal elements of the privilege adequately exclude fraudulent or criminal statements from protection. Part II addresses the needed distinction between the dangerous patient exception and the crime fraud exception to the psychotherapist-patient privilege and concludes that the adoption of a crime fraud exception would threaten a limited dangerous patient exception. Part III contends that the policies underlying the attorney-client and psychotherapist-patient privileges must be distinguished and do not merit a shared crime fraud exception. This Note concludes that …
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly
The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly
University of Michigan Journal of Law Reform
The purpose of this comment is to determine whether the confidential associations and-or private communications of a newsman are privileged.
Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.
Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.
Michigan Law Review
The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.
Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen
Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen
Michigan Law Review
A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.