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Privacy Law Commons

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1993

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Institution
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Articles 1 - 21 of 21

Full-Text Articles in Privacy Law

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips Oct 1993

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips

Michigan Law Review

This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.


Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter Jun 1993

Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter

Michigan Law Review

This Note argues first that courts and legislatures should follow a presumption against mandating disclosure of a person's genetic information to third parties. Second, genetic testing for the benefit of a third party should not, and constitutionally cannot, be compelled. Part I presents an overview of genetics and discusses the special legal and ethical issues genetic testing poses. Part II examines the issue of nonconsensual disclosure to family members, who could potentially use the information from tests that have already been performed. This Part concludes that there should be a presumption against disclosure. Part III examines a related, but different, …


Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson Apr 1993

Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson

Florida State University Law Review

No abstract provided.


Privacy Rights, School Choice, And The Ninth Amendment, Lawrence Lee Oldaker Mar 1993

Privacy Rights, School Choice, And The Ninth Amendment, Lawrence Lee Oldaker

Brigham Young University Education and Law Journal

No abstract provided.


E-Law: Legal Issues Affecting Computer Information Systems And System Operator Liability, 12 Computer L.J. 101 (1993), David Loundy Jan 1993

E-Law: Legal Issues Affecting Computer Information Systems And System Operator Liability, 12 Computer L.J. 101 (1993), David Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Trespassers Will Be Prosecuted: Computer Crime In The 1990s, 12 Computer L.J. 61 (1993), Glenn D. Baker Jan 1993

Trespassers Will Be Prosecuted: Computer Crime In The 1990s, 12 Computer L.J. 61 (1993), Glenn D. Baker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber Jan 1993

The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Legality Of Disassembly Of Computer Programs, 12 Computer L.J. 1 (1993), David L. Hayes Jan 1993

The Legality Of Disassembly Of Computer Programs, 12 Computer L.J. 1 (1993), David L. Hayes

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Works For Hire Revisited: Aymes V. Bonelli, 12 Computer L.J. 17 (1993), Sue Ganske Mota Jan 1993

Works For Hire Revisited: Aymes V. Bonelli, 12 Computer L.J. 17 (1993), Sue Ganske Mota

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke Jan 1993

Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo Jan 1993

The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the best mode requirement set forth in section 112 of the United States Patent Act. This requirement is unique to United States patent law and must be satisfied by every utility patent application filed with the United States Patent and Trademark Office. This article then discusses how decisions of the United States Court of Appeals for the Federal Circuit have helped clarify and refine the best mode requirement and its application to patents in the field of computer technology (i.e., In re Hayes Microcomputer Products). Then it discusses how these holdings have made this already difficult area …


Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert Jan 1993

Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case …


Security Requirements And Evidentiary Issues In The Interchange Of Electronic Documents: Steps Toward Developing A Security Policy, 12 J. Marshall J. Computer & Info. L. 425 (1993), Peter N. Weiss Jan 1993

Security Requirements And Evidentiary Issues In The Interchange Of Electronic Documents: Steps Toward Developing A Security Policy, 12 J. Marshall J. Computer & Info. L. 425 (1993), Peter N. Weiss

UIC John Marshall Journal of Information Technology & Privacy Law

As the business world turns from using paper to electronic documents, the security aspects of electronic documents must be examined. No law has dealt with the security of electronic documents. Therefore, guidelines for assessing the relative security of an electronic document compared to its paper counterpart is essential to the continuing success of the electronic document in the business world. Aspects of the legal admissibility of electronic documents follow that of traditional paper documents. A finding that a document, paper or electronic, is genuine and reliable allows it to pass the scrutiny of legal admissibility. In order to prove a …


The Computer Fraud And Abuse Act - A New Perspective: Let The Punishment Fit The Damage, 12 J. Marshall J. Computer & Info. L. 445 (1993), Joseph P. Daly Jan 1993

The Computer Fraud And Abuse Act - A New Perspective: Let The Punishment Fit The Damage, 12 J. Marshall J. Computer & Info. L. 445 (1993), Joseph P. Daly

UIC John Marshall Journal of Information Technology & Privacy Law

This comment discusses computer virus crimes under the Computer Fraud and Abuse Act of 1986. More specifically, it addresses the inadequate sentencing scheme of this act. The comment first discusses computer viruses in general and the Computer Fraud and Abuse Act. The comment proposes a new sentencing scheme by which individual sentences would be allocated according to the damages caused by a computer virus propagator. It also illustrates the utility of such a scheme in both current criminal and civil law. It then discusses the ways in which computer virus damages can be quantified. The conclusion of this comment is …


The Impact Of Nafta On The United States Computer Industry: Why Trade Reforms Will Spark Increased Exports To Mexico, 12 J. Marshall J. Computer & Info. L. 467 (1993), Michelle A. Kaiser Jan 1993

The Impact Of Nafta On The United States Computer Industry: Why Trade Reforms Will Spark Increased Exports To Mexico, 12 J. Marshall J. Computer & Info. L. 467 (1993), Michelle A. Kaiser

UIC John Marshall Journal of Information Technology & Privacy Law

This article focuses on computer industry trade barriers in Mexico that the North American Free Trade Agreement (NAFTA) will eliminate. The two trade barriers that have caused problems for the U.S. in exporting computer products and services into Mexico are high protective tariffs and software piracy. NAFTA is needed by American vendors and manufacturers of computer products and services in order to keep from remaining as outsiders to Mexico’s market. This comment first discusses the background on trade relations between the United States and Mexico. It then demonstrates why NAFTA is essential to increased computer exports into Mexico, which includes …


An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel Jan 1993

An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues surrounding software copyright protection and the problem of inconsistent court analysis across the country. After reviewing the problems particular to software copyright, the author recommends a new course of court analysis that would bring consistent analysis and decisions to this growing area of law. Courts have begun to examine the scope of protection the Copyright Act grants to computer software beyond the literal text of the software's programming language. Two classifications for computer programs have developed: literal, which focuses on the actual text of the program, and non-literal, which is concerned with organization, structure and …


Constitutional Posture Of Canine Sniffs, Lina Shahin Jan 1993

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.


The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer Jan 1993

The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein Jan 1993

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein

Journal Articles

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.


State Interest Analysis And The Channeling Function, Carl E. Scheider Jan 1993

State Interest Analysis And The Channeling Function, Carl E. Scheider

Book Chapters

In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.