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Articles 61 - 67 of 67
Full-Text Articles in Privacy Law
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes
Georgia Law Review
On August 24,2006, the U.S. Food and Drug Administration decided to approve Plan B, the "morning-after"contraceptive pill, as an over-the-counter drug for women ages eighteen and older only. Individuals aged seventeen years and younger must still obtain a prescription in order to purchase Plan B, resulting in confusion and complications in implementing the age limitation. Additionally, the dual status of Plan B as both a prescription and over-the-counter drug might still be undermined by pharmacists choosing to refuse sale of contraceptives under various state protective conscience clauses. This Note explores the impact of the FDA's novel decision to create a …
Privacy, Identity And Security, Benjamin J. Goold
Privacy, Identity And Security, Benjamin J. Goold
All Faculty Publications
This paper examines the relationship between security, surveillance, privacy and identity, both in the context of legislation such as the Anti-terrorism Act and the PATRIOT Act, and also in the light of ongoing changes in how that personal information is gathered, processed and used. It is argued that prevailing notions of privacy — and the legal frameworks that aim to protect privacy interests — are ill-suited to defending individuals from an increasingly sophisticated array of surveillance and data processing techniques, which enable information to be acquired and shared at almost zero-cost and which threaten to establish the ‘categorical identity’ as …
Special Project+ Privacy, Melody R. Barron
Special Project+ Privacy, Melody R. Barron
Vanderbilt Law Review
Privacy has long been a matter of particular concern in the minds of Americans. Indeed, privacy concerns were at the crux of the American Revolution. The earliest days of colonial life saw creation of laws protecting the individual against eavesdropping, and the sanctity of one's home. The Bill of Rights also reflects privacy interests. As America grew, technological advances in the dissemination of information caused public demands for protection of privacy rights; I Each year, the Vanderbilt Law Review publishes one issue with notes devoted solely to a topic of current interest. These notes collectively constitute the Special Project.
Toothless Hipaa: Searching For A Private Right Of Action To Remedy Privacy Rule Violations, Joshua D.W. Collins
Toothless Hipaa: Searching For A Private Right Of Action To Remedy Privacy Rule Violations, Joshua D.W. Collins
Vanderbilt Law Review
A Midwestern banker, who also served as a member of his county's health board, cross-referenced a health board's list of patients suffering from various diseases with a list of the bank's customers. He then called due the mortgages of anyone suffering from cancer. In Oregon, computer disks containing the medical records of 365,000 patients were stolen from a car. Along with personal medical information, the records also contained the patients' names, addresses, and Social Security numbers. A Maryland school board member's medical records, revealing that he had been treated for depression, were sent to school officials along with an anonymous …
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner
Faculty Scholarship
In 2006, New York City began a mandatory reporting system for laboratories to submit blood sugar (A1c) test results (primarily for diabetes) to the city's Department of Health and Mental Hygiene without the patient's consent. This article examines whether this new program is an innovative way to improve New Yorkers' health, an invasion of medical privacy, or usurpation of the physician's role. The registry is an example of public health initiatives in chronic diseases, which challenge the limits of laws governing medicine care and public health programs by blurring the historical boundaries between them.
Reservoirs Of Danger: The Evolution Of Public And Private Law At The Dawn Of The Information Age, Danielle K. Citron
Reservoirs Of Danger: The Evolution Of Public And Private Law At The Dawn Of The Information Age, Danielle K. Citron
Faculty Scholarship
A defining problem at the dawn of the Information Age will be securing computer databases of ultra-sensitive personal information. These reservoirs of data fuel our Internet economy but endanger individuals when their information escapes into the hands of cyber-criminals. This juxtaposition of opportunities for rapid economic growth and novel dangers recalls similar challenges society and law faced at the outset of the Industrial Age. Then, reservoirs collected water to power textile mills: the water was harmless in repose but wrought havoc when it escaped. After initially resisting Rylands v. Fletcher's strict liability standard as undermining economic development, American courts and …
Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney
Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney
All Faculty Publications
This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the United Kingdom, France, Germany, Spain, and the European Court of Human Rights (ECtHR). It examines how rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security. The report concludes that British courts are less consistent in their application of proportionality than countries with constitutional rights protections which tend to be more rigorous in their protections of rights than are countries, like the UK, that rely instead on the …