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Articles 1 - 30 of 36
Full-Text Articles in Privacy Law
Hey Siri—Can The Police Search My Period Data?, Tyonna J. Acoff
Hey Siri—Can The Police Search My Period Data?, Tyonna J. Acoff
Buffalo Law Review
No abstract provided.
Enabling Injustice: Slapps, Democratic Values, And The Price Of Truth, Costantino Grasso
Enabling Injustice: Slapps, Democratic Values, And The Price Of Truth, Costantino Grasso
Buffalo Law Review
Conventional analysis of Strategic Lawsuits Against Public Participation (SLAPPs) often focuses on the promise of recent procedural reforms, including recent U.S. state-level reforms, the 2024 E.U. Anti-SLAPP Directive, the U.K. government’s 2025 SLAPP Bill, and related measures in the Economic Crime and Corporate Transparency Act. This Article argues that these legislative responses, introduced amid growing international concern, still leave structural vulnerabilities, have limited focus, and do not address the deep-seated inadequacies of substantive law that allow powerful actors to chill public-interest speech through abusive lawfare.
Adopting an interdisciplinary “new legal realist” approach, this Article decodes the anatomy of this modern …
Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan
Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan
Buffalo Law Review
Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.
Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …
Immature (Data) Privacy, Yutang Hsiao
Immature (Data) Privacy, Yutang Hsiao
Buffalo Law Review
Sharenting, a combination of the words “sharing” and “parenting,” is a double-edged sword. It can cut both ways because even though it benefits parents by being a source of support and fostering community, it harms children in various significant and nuanced ways. While the world blames parents for sharing too much of their children’s data on social media, other actors also play a role and should share the blame. In this Article, I argue that the most fundamental question sharenting raises is in what ways children’s privacy is violated, and who commits the violation. Social media, as one of the …
Workplace Anonymity, Jayne S. Ressler
Data Management Law For The 2020s: The Lost Origins And The New Needs, Przemysław Pałka
Data Management Law For The 2020s: The Lost Origins And The New Needs, Przemysław Pałka
Buffalo Law Review
In the data analytics society, each individual’s disclosure of personal information imposes costs on others. This disclosure enables companies, deploying novel forms of data analytics, to infer new knowledge about other people and to use this knowledge to engage in potentially harmful activities. These harms go beyond privacy and include difficult to detect price discrimination, preference manipulation, and even social exclusion. Currently existing, individual-focused, data protection regimes leave law unable to account for these social costs or to manage them.
This Article suggests a way out, by proposing to re-conceptualize the problem of social costs of data analytics through the …
Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid
Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid
Buffalo Law Review
No abstract provided.
Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz
Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz
Buffalo Law Review
No abstract provided.
The Equifax Data Breach: An Opportunity To Improve Consumer Protection And Cybersecurity Efforts In America, Gregory S. Gaglione Jr.
The Equifax Data Breach: An Opportunity To Improve Consumer Protection And Cybersecurity Efforts In America, Gregory S. Gaglione Jr.
Buffalo Law Review
No abstract provided.
Deception, Professional Speech, And Cpcs: On Becerra, Abortion, And The First Amendment, Mark Strasser
Deception, Professional Speech, And Cpcs: On Becerra, Abortion, And The First Amendment, Mark Strasser
Buffalo Law Review
In National Institute of Family & Life Advocates v. Becerra, the United States Supreme Court struck down a California law requiring crisis pregnancy centers to post certain signs.1 The Court implied that the case involved a relatively straightforward example of governmental overreaching, with the government allegedly attempting to commandeer private entities and force them to convey the government’s message.2 Yet, the Court omitted important background information when discussing the state’s implicated interests,3 and the Court’s analyses and rationales may have important First Amendment implications. While the Court may have reached the right result, its analyses bode poorly for a reasoned …
The First Amendment In The Second Gilded Age, Jack M. Balkin
The First Amendment In The Second Gilded Age, Jack M. Balkin
Buffalo Law Review
How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …
Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham
Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham
Buffalo Law Review
No abstract provided.
Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb
Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb
Buffalo Law Review
No abstract provided.
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Buffalo Law Review
No abstract provided.
Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare
Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare
Buffalo Law Review
No abstract provided.
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Buffalo Law Review
No abstract provided.
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
Buffalo Law Review
No abstract provided.
Colloquium On Privacy & Security, Gary M. Schober, Shubha Ghosh, Ann Bartow, Chris Hoofnagle, Phyllis Borzi
Colloquium On Privacy & Security, Gary M. Schober, Shubha Ghosh, Ann Bartow, Chris Hoofnagle, Phyllis Borzi
Buffalo Law Review
No abstract provided.
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Buffalo Law Review
No abstract provided.
Within The Confines Of The Law: Abortion And A Substantive Rhetoric Of Liberty, Celeste Michelle Condit
Within The Confines Of The Law: Abortion And A Substantive Rhetoric Of Liberty, Celeste Michelle Condit
Buffalo Law Review
No abstract provided.
California V. Greenwood: A Proposed Compromise To The Exploitation Of The Objective Expectation Of Privacy, Kevin E. Maldonado
California V. Greenwood: A Proposed Compromise To The Exploitation Of The Objective Expectation Of Privacy, Kevin E. Maldonado
Buffalo Law Review
No abstract provided.
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Buffalo Law Review
No abstract provided.
Privacy: Control Over Stimulus Input, Stimulus Output, And Self-Regarding Conduct, Paul Siegel
Privacy: Control Over Stimulus Input, Stimulus Output, And Self-Regarding Conduct, Paul Siegel
Buffalo Law Review
No abstract provided.
Privacy Tort Law In New York: Some Existing Routes To Recovery, Jane E. Markle
Privacy Tort Law In New York: Some Existing Routes To Recovery, Jane E. Markle
Buffalo Law Review
No abstract provided.
Privacy, Secrecy, And Reputation, Richard A. Posner
Privacy, Secrecy, And Reputation, Richard A. Posner
Buffalo Law Review
No abstract provided.
Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross
Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross
Buffalo Law Review
No abstract provided.
Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz
Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz
Buffalo Law Review
No abstract provided.
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Buffalo Law Review
No abstract provided.
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Buffalo Law Review
No abstract provided.
Patients' Rights Of Access To Their Own Medical Records: The Need For New Law, Barbara L. Kaiser
Patients' Rights Of Access To Their Own Medical Records: The Need For New Law, Barbara L. Kaiser
Buffalo Law Review
No abstract provided.