Privacy Law Commons^™

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Scholarly Articles

None available.

The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman

West Virginia Law Review

No abstract provided.

The Rehnquist Court And The Devolution Of The Right To Privacy, Scott P. Johnson, Robert M. Alexander

West Virginia Law Review

No abstract provided.

Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain

West Virginia Law Review

No abstract provided.

A New Prescription For Abortion, Heather A. Smith

University of Colorado Law Review

No abstract provided.

Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper

West Virginia Law Review

No abstract provided.

What's In A Name? Law's Identity Under The Tort Of Appropriation, Jonathan Kahn

Faculty Scholarship

This article is divided into three parts. In Part I, the article explores the notion that under the tort of appropriation, a person’s name is understood to implicate critical aspects of her identity. This notion is explored in relation to specific historical cases raising the issues of whether a woman who adopts her husband’s name has a property right in that name and whether a person who adopts a professional or stage name has separate rights in that name apart from his legal name. Second, Part II focuses on a person’s right to maintain the integrity of his physical image. …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

Privacy And The First Amendment Right To Gather News, Rodney A. Smolla

Scholarly Articles

Not available.

Commentary On Financial Privacy, Lynn M. Lopucki

UF Law Faculty Publications

My three criticisms are this: First, Peter frames the problem as privacy versus government surveillance, thus ignoring the best solution to the problem, which is to make more information public. Second, Peter exaggerates the human need for privacy by presenting the need as immutable and essentially coextensive with embarrassment. People do not need nearly the privacy they think they do. Third, if Peter’s broad view of privacy holds, then you can forget about the information age.

Drug Testing College Athletes: Ncaa Does Thy Cup Runneth Over, Stephen F. Brock, Kevin M. Mckenna, Rhett Traband

West Virginia Law Review

No abstract provided.

Mandatory Hiv Testing Of Rape Defendants: Constitutional Rights Are Sacrificed In A Vain Attempt To Assist The Victim, Raymond S. Franks

West Virginia Law Review

No abstract provided.

The Right Of Publicity: Commercial Exploitation Of The Associative Value Of Personality, Sheldon W. Halpern

Vanderbilt Law Review

For more than thirty years, dispute and confusion have marked the emergence and development of the so-called "right of publicity,"' a right that is concerned with the use of attributes of a generally identifiable person to enhance the commercial value of an enterprise. A dense, complex array of cases, accompanied by and analyzed in an even denser array of commentary, has been the vehicle for adumbrating the emergent right. Battle lines are drawn over whether the creature emerging from the fermenting ooze of modern mass communications is a species of "property" or a purely personal "privacy" interest."Everywhere one finds the …

A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

Publications

No abstract provided.

To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.

Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.

Doe V. Commonwealth's Attorney: A Set-Back For The Right Of Privacy, Tim O'Neill

Kentucky Law Journal

No abstract provided.

New York's Right Of Privacy – The Need For Change, Kent Greenawalt

Faculty Scholarship

In 1890 Samuel Warren and Louis Brandeis wrote a famous article on the right to privacy. Concerned especially with newspaper publications about private and family matters, they urged that courts recognize an explicit right to privacy from unreasonable publicity. According to Warren and Brandeis, certain already recognized rights did in fact protect a person's wish to keep his private thoughts private, though these 1ights were founded on some more traditional legal theories. For example, the privilege of a writer of a letter to bar anyone's publication of the letter had been articulated in decisions as a property right, even when …

Constitutional Law-Right To Privacy-Electronic Surveillance, J. Timothy Dipiero

West Virginia Law Review

No abstract provided.

Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)

Vanderbilt Law Review

On January 22, 1973, the United States Supreme Court ruled in Roe v. Wade' that the Texas criminal abortion statute, which proscribed all abortions except "for the purpose of saving the life of the mother,' 'violated the constitutional right of privacy. Justice Blackmun, delivering the opinion of the Court, declared that the concepts of personal liberty and restrictions on state action provided by the fourteenth amendment supported a right of privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."' In a companion case, Doe v. Bolton,' the Court noted several impermissible procedural as well …

Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

Equity -- 1964 Tennessee Survey, W. W. Garrett

Vanderbilt Law Review

In 1956 in the case of Langford v. Vanderbilt University, the Tennessee Supreme Court recognized the existence of a common law right of privacy. The Court of Appeals, Western Division, in Kyritsis v. Vieron, now holds that injunction does not lie to protect a personal right. The suit arose in the chancery court of Shelby County. Complainant alleged he was pastor of the Saint George's Greek Orthodox Church affiliated with the Greek Orthodox Church of North America and Canada, and that defendant was pastor of the Church of the Annunciation affiliated with the Greek Orthodox Archdiocese of North and South …

Defamation And The Right Of Privacy, John W. Wade

Vanderbilt Law Review

The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. Professor Street summarizes this history by declaring that there was "a perversion of evolutionary processes," with the result that there was produced "a rather heterogeneous pile which should normally have gone to form a consistent body of legal doctrine, but which on the contrary, comprises many disconnected fragments moving in a confused way under the impulse of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING

CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS

CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT

CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED

CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE

FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION

INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE

RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?

TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …

Torts--Right Of Privacy In Kentucky, Dempsey Cox

Kentucky Law Journal

No abstract provided.

The Right Of Privacy, Eugene O'Dunne

Kentucky Law Journal

No abstract provided.

Torts--Right Of Privacy, Rufus Lisle

Kentucky Law Journal

No abstract provided.

The Right Of Privacy (A Contra View), Rufus Lisle

Kentucky Law Journal

No abstract provided.

The Right Of Privacy To-Day, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.