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Articles 1 - 7 of 7

Full-Text Articles in Privacy Law

A Moral Rights Theory Of Private Law, Andrew S. Gold May 2011

A Moral Rights Theory Of Private Law, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Fiduciary Law In The Twenty-First Century, Tamar Frankel May 2011

Fiduciary Law In The Twenty-First Century, Tamar Frankel

Faculty Scholarship

How does one embrace the riches of the knowledge presented in this Conference? This Conference’s participants have presented the fiduciary relationship from so many points of view: interdisciplinary perspectives, current issues, and particular fascinating narrower topics. Does this event suggest that critics are correct, and that fiduciary law as a category is incoherent?1 Arguably, fiduciary relationships and the rules that govern them are too varied. Yet I maintain that the variety presented in this Conference leads to the opposite conclusion, and that the papers in this Conference provide support for my claim: that fiduciary law should be viewed and understood …


The Value Of Detective Stories, Amy Gajda Apr 2011

The Value Of Detective Stories, Amy Gajda

Faculty Scholarship

No abstract provided.


Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron Jan 2011

Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron

Faculty Scholarship

No abstract provided.


William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale Jan 2011

William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale

Faculty Scholarship

On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe.

The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine


Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale Jan 2011

Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …


Privacy Rights And Public Families, Khiara Bridges Jan 2011

Privacy Rights And Public Families, Khiara Bridges

Faculty Scholarship

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …