Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (9)
- First Amendment (4)
- Criminal Law (3)
- Fourth Amendment (3)
- State and Local Government Law (3)
-
- Civil Rights and Discrimination (2)
- Communications Law (2)
- Health Law and Policy (2)
- Law and Gender (2)
- Law and Society (2)
- Other Law (2)
- Science and Technology Law (2)
- Torts (2)
- Common Law (1)
- Consumer Protection Law (1)
- Criminal Procedure (1)
- Disability Law (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- Internet Law (1)
- Jurisdiction (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- Keyword
-
- Privacy (9)
- Fourth Amendment (2)
- Technology (2)
- 4th amendment (1)
- Abortion (1)
-
- Abortion law (1)
- Appropriation of name or likeness (1)
- Article i section 7 (1)
- Attorney-Client Relationship (1)
- Berger v. new york (1)
- Branding (1)
- Bundle (1)
- Client Confidentiality (1)
- Cloud (1)
- Cloud storage (1)
- Commoditizing personality rights (1)
- Common law privacy torts (1)
- Constitutional Rights (1)
- Constitutional federalism (1)
- Consumer Law (1)
- Consumer Protection (1)
- Consumer's Property Rights (1)
- Content Moderation (1)
- Criminal law (1)
- Data Protection (1)
- Data Security (1)
- Data collection (1)
- Data privacy (1)
- Digital Expression (1)
- Disability (1)
Articles 31 - 45 of 45
Full-Text Articles in Privacy Law
Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern
Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern
Washington Law Review
Businesses routinely buy and sell personal information about consumers. Many consumers find this objectionable, but relatively few of them opt out of that trade. This Article argues that businesses have both the incentive and the ability to increase consumers' transaction costs in protecting their privacy and that some marketers do in fact inflate those costs. Faced with this and other constraints, many consumers ultimately decide not to protect their privacy. This Article proposes several ways by which consumers' transaction costs can be reduced or eliminated.
No More Messing Around: Substantive Due Process Challenges To State Laws Prohibiting Fornication, Traci Shallbetter Stratton
No More Messing Around: Substantive Due Process Challenges To State Laws Prohibiting Fornication, Traci Shallbetter Stratton
Washington Law Review
Anglo-American law has historically prohibited fornication, and through the 1960s fornication remained illegal in all but ten states. Few questioned the validity of laws proscribing various forms of private, adult, consensual sexual behavior until the early 1970s. Aside from legislative repeal, substantive due process has been the primary weapon in the fight against state sex laws. Although the U.S. Supreme Court's substantive due process jurisprudence, particularly in the area of personal privacy, has brought the constitutionality of fornication statutes into question, it has not definitively resolved the matter. This Comment argues that laws prohibiting fornication do not violate substantive due …
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
Washington Law Review
In Vernonia School District 47J v. Acton, the U.S. Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect the privacy interests of the nation's public school student-athletes from mandatory, random urinalysis drug-testing. This Comment argues that article I, section 7 of the Washington State Constitution provides Washington's student-athletes greater protection than the Fourth Amendment and, consequently, proscribes mandatory, random urinalysis drug-testing. It concludes by providing parameters for student-athlete drug-testing programs that will pass state constitutional muster.
The Hidden First Amendment Values Of Privacy, Sean M. Scott
The Hidden First Amendment Values Of Privacy, Sean M. Scott
Washington Law Review
The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
Washington Law Review
In State v. Young, the Washington Supreme Court determined that the warrantless use of an infrared thermal detection device on the home of a suspected marijuana grower was a violation of Article I, Section 7 of the Washington State Constitution. This Note argues that the court's test for determining privacy rights under Article I, Section 7 is flawed in form and fails to achieve those goals set forth by the court. It suggests an alternative test for Article I, Section 7 privacy rights as well as a remedial prerequisite standard of proof in cases involving minimally intrusive surveillance techniques.
Protecting Donar Privacy In Aids Related Blood Bank Litigation—Doe V. Puget Sound Blood Center, 117 Wash. 2d 772, 819 P.2d 370 (1991), Anne Marie Logerfo
Protecting Donar Privacy In Aids Related Blood Bank Litigation—Doe V. Puget Sound Blood Center, 117 Wash. 2d 772, 819 P.2d 370 (1991), Anne Marie Logerfo
Washington Law Review
One controversial issue in blood bank AIDS litigation is whether courts should permit infected plaintiffs to conduct discovery of information about the blood donor who contributed the contaminated blood. Many courts have taken a reasonable middle ground by allowing limited discovery of a blood donor provided that the donor's identity remains confidential. In a recent case, the Washington Supreme Court provided no such limitation on blood donor discovery. This Note argues that the court's decision infringes on the significant privacy interests of the blood donor and violates the public's interest in an adequate blood supply while providing little or no …
When Rape Victims' Rights Meet Privacy Rights: Mandatory Hiv Testing, Striking The Fourth Amendment Balance, Bernadette Pratt Sadler
When Rape Victims' Rights Meet Privacy Rights: Mandatory Hiv Testing, Striking The Fourth Amendment Balance, Bernadette Pratt Sadler
Washington Law Review
As a result of the growing concern of rape victims about exposure to the AIDS virus, many states have enacted legislation allowing for forced testing of suspected or convicted rapists for the purpose of releasing the results to victims. Because the United States Supreme Court has yet to hear a fourth amendment challenge to any mandatory HIV testing program, the constitutionality of testing is not settled. This Comment analyzes mandatory HIV testing conducted for the purpose of informing the rape victim of her assailant's status and concludes that such testing is a violation of the fourth amendment because it does …
New Federalism And "Occupation Of The Field": Failing To Maintain State Constitutional Protections Within A Preemption Framework—Alverado V. Washington Public Power Supply System, 111 Wash. 2d 424, 759 P.2d 427 (1988), Cert. Denied, 109 S. Ct. 1637 (1989), Daryl R. Hague
Washington Law Review
In Alverado v. Washington Public Power Supply System, the Washington Supreme Court held that nonbinding agency action preempted Washington's constitutional right to privacy in the context of employee drug testing at nuclear power plants. This preemption holding was based on traditional "occupation of the field" standards, which prohibit concurrent state regulation in areas where the federal government exercises plenary power. Because it was based on an "occupation of the field" finding, the court's decision had the practical effect of permitting nonenforceable agency pronouncements to preempt state constitutional guarantees. An exception to traditional "occupation of the field" doctrine is proposed to …
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Washington Law Review
Using computers to assist in testing and instruction creates privacy concerns that were absent or less consequential prior to the computer age. Not only does computer-assisted testing and instruction (CATI) threaten to invade privacy insidiously, its use with young schoolchildren poses the additional threat of arresting development of their privacy expectations. In light of the significance of "reasonable expectations of privacy" in constitutional and tort law, as well as privacy's role in resisting totalitarianism, widespread and routine use of CATI may profoundly alter the balance between public and private realms.
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Washington Law Review
Using computers to assist in testing and instruction creates privacy concerns that were absent or less consequential prior to the computer age. Not only does computer-assisted testing and instruction (CATI) threaten to invade privacy insidiously, its use with young schoolchildren poses the additional threat of arresting development of their privacy expectations. In light of the significance of "reasonable expectations of privacy" in constitutional and tort law, as well as privacy's role in resisting totalitarianism, widespread and routine use of CATI may profoundly alter the balance between public and private realms.
Are Privacy And Public Disclossure Compatible?: The Privacy Exemption To Washington's Freedom Of Information Act—In Re Rosier, 105 Wn. 2d 606, 717 P.2d 1353 (1986), Matthew Edwards
Washington Law Review
In 1972, Washington State voters passed Initiative 276, the Public Disclosure Act, by a substantial margin. The initiative contained four measures intended to open up government, including one designed to ensure public access to government-held records. This measure, popularly known as Washington's Freedom of Information Act (FOIA), provides a mechanism by which individuals can access information held by the government, subject to only a few exemptions. One such exemption prevents disclosure which is an "unreasonable invasion" of personal privacy. The Washington Supreme Court greatly expanded the scope of this personal privacy exemption in In re Rosier. Prior to this decision, …
The Origin And Development Of Washington's Independent Exclusionary Rule: Constitutional Right And Constitutionally Compelled Remedy, Sanford E. Pitler
The Origin And Development Of Washington's Independent Exclusionary Rule: Constitutional Right And Constitutionally Compelled Remedy, Sanford E. Pitler
Washington Law Review
Underlying any court's analysis of the exclusionary rule are certain basic theoretical elements that determine whether a court takes a unitary or a bifurcated approach to exclusion. To determine what theoretical elements underlie the Washington rule, the court must familiarize itself with the state rule's long history of independent application, which has never been fully explored. The court must also recognize the historical relationship between the state exclusionary rule and certain provisions of the Declaration of Rights. 6 Analysis of the Washington exclusionary rule's development reveals that, at minimum, exclusion is constitutionally compelled as the most effective remedy available to …
Privacy, Abortion, And Judicial Review: Haunted By The Ghost Of Lochner, Helen Garfield
Privacy, Abortion, And Judicial Review: Haunted By The Ghost Of Lochner, Helen Garfield
Washington Law Review
This article poses the question whether Lochner can finally be laid to rest without repudiating all applications of substantive due process, particularly protection of privacy and autonomy. The answer to that question requires a closer look at Lochner itself, and then at Griswold, Roe, and a few of the cases in between. The answers suggested by Ely, Perry, Choper, and others will then be discussed. Finally, this article will examine the ideas and ideals of the man who first conceived the common law right of privacy, Justice Louis D. Brandeis.
Thinking Clearly About Privacy, Thomas Huff
Thinking Clearly About Privacy, Thomas Huff
Washington Law Review
The purpose of this article is to offer a fresh assessment of the right of privacy. It begins with discussion of the privacy norm, drawing on our ordinary judgments and experiences to clarify and elaborate the interest persons have in privacy. It then reviews some of the Supreme Court's reasoning on privacy, explains the Court's confusions, and proposes a way that we and the Court might think more clearly about these difficult matters.
Privacy And The Press Since Time, Inc. V. Hill, Don R. Pember, Dwight L. Teeter, Jr.
Privacy And The Press Since Time, Inc. V. Hill, Don R. Pember, Dwight L. Teeter, Jr.
Washington Law Review
In this article, the authors do not propose to discuss the innumerable ways in which one's privacy is invaded or to survey the entire sweep of the law of privacy, but rather attempt to trace briefly its development, with particular emphasis on how the law has affected the mass media since the Supreme Court decided its first privacy case, Time, Inc. v. Hill, in 1967. In so doing, we hope to add somewhat to the understanding of this unsettled area of law.