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Articles 3211 - 3240 of 4633
Full-Text Articles in Privacy Law
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
NYLS Law Review
No abstract provided.
Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk
Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk
NYLS Law Review
No abstract provided.
Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan
Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan
NYLS Law Review
No abstract provided.
The Google Dilemma, James Grimmelmann
Intellectual Privacy, Neil M. Richards
Intellectual Privacy, Neil M. Richards
Scholarship@WashULaw
This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …
Lobbying Is An Honorable Profession: The Right To Petition And The Competition To Be Right, Nick Allard
Lobbying Is An Honorable Profession: The Right To Petition And The Competition To Be Right, Nick Allard
Faculty Scholarship
No abstract provided.
Government Data Mining And The Fourth Amendment, Christopher Slobogin
Government Data Mining And The Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining operation (Total Information Awareness, more recently dubbed Terrorism Information Awareness) supposedly no longer exists, large-scale data mining by federal agencies devoted to enforcing criminal and counter-terrorism laws has continued unabated. This paper addresses three puzzles about data mining. First, when data mining is undertaken by the government, does it implicate the Fourth Amendment? Second, does the analysis change when data mining is undertaken by private entities which then …
The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts
The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts
Vanderbilt Law School Faculty Publications
Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient gets the information she needs to meaningfully consent to medical procedures. Coming of age in the 1970s alongside other important rights movements, informed consent purported to solve medicine's paternalism: doctors too often dictating treatments rather than discussing options. Combating medical paternalism seems a worthwhile goal, given abuses in the past century, but moreover to improve everyday physician-patient encounters. …
Welfare, Privacy, And Feminism, Michele E. Gilman
Welfare, Privacy, And Feminism, Michele E. Gilman
University of Baltimore Law Forum
Feminism has long been concerned with privacy. Second-wave feminists assailed the divide between the public and the private spheres that trapped women in the home, excluded them from the workforce, and subjected them to domestic abuse. Second-wave feminists also argued in favor of a sphere of privacy that would allow women to make reproductive choices without state interference. These were powerful critiques of existing power structures, but they tended to overlook the experiences of poor women. As a condition of receiving welfare benefits, poor women have been subjected to drug tests, and they continue to face unannounced home inspections by …
You Are Being Watched: The Need For Notice In Employer Electronic Monitoring, Mindy C. Calisti
You Are Being Watched: The Need For Notice In Employer Electronic Monitoring, Mindy C. Calisti
Kentucky Law Journal
No abstract provided.
Trentadue V. Integrity Committee: An Attempt To Reign In The Expansion Of The Freedom Of Information Act’S 5th Exemption, Amanda Marie Swain
Trentadue V. Integrity Committee: An Attempt To Reign In The Expansion Of The Freedom Of Information Act’S 5th Exemption, Amanda Marie Swain
Oklahoma Law Review
No abstract provided.
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
Scholarly Articles in Law Reviews & Journals
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
Faculty Articles
If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …
Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure, Stacey A. Tovino
Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure, Stacey A. Tovino
Faculty Articles
In this article I explore the ethical and legal implications of enrolling individuals with disorders of consciousness (DOC) in neuroimaging research studies. Many scientists have strongly emphasized the need for additional neuroimaging research into DOC, characterizing the conduct of such studies as morally imperative. On the other hand, institutional review boards (IRBs) charged with approving research protocols, scientific journals deciding whether to publish study results, and federal agencies that disburse grant money have limited the conduct, publication, and funding of consciousness investigations based on ethical and legal concerns. Following a detailed examination of the risks and benefits of neuroimaging research …
Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon
Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon
Georgia Law Review
Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- …
Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne
Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne
Georgia Law Review
This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …
No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm
No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm
Georgia Law Review
Google and other search engines allow anyone with Internet access the ability to obtain a wealth of information about their neighbors, acquaintances, employees, or even adversaries. Although easy access to information is generally a positive development, the easy discovery of highly personal and stigmatizing information often is not. It is particularly disconcerting when the information is being purveyed by appellate courts around the nation when they post hundreds of opinions to court websites every day. This Article surveys the use of initials and pseudonyms in appellate opinions for victims of crime, children, the mentally ill, jurors, and others. It discusses …
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside
Vanderbilt Journal of Entertainment & Technology Law
As social networking sites like Facebook.com and MySpace.com continue to grow in popularity, college students and other job applicants voluntarily divulge an increasing amount of personal information on them, often unaware of the potential negative effects it may have on their search for employment. Employers are beginning to take note of this trend and are increasingly using applicants' social networking profiles to supplement traditional application information. Many applicants feel that employers should not base employment decisions on social networking profiles in any way and believe that it is illegal for employers to do so. Yet, it appears that employers that …
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.
Vanderbilt Journal of Entertainment & Technology Law
"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …
Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti
Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti
Vanderbilt Journal of Entertainment & Technology Law
As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, Websites collect vast amounts of personally identifying information (PHII) and mine it in sophisticated databases to discover consumer trends and desires. This process provides many benefits--such as tailored Web sites and relevant marketing--that few Web surfers would care to do without. However, serious threats lurk in cyberspace and are enhanced by consumers who continue to submit vast amounts of information in a state of relative unawareness. Not wanting to miss out on their Web surfing experience, visitors submit their personal information …
A Gift Worth Dying For?: Debating The Volitional Nature Of Suicide In Personal Property Law, Adam J. Macleod
A Gift Worth Dying For?: Debating The Volitional Nature Of Suicide In Personal Property Law, Adam J. Macleod
Scholarly Articles
This article examines the debate in personal property law over the question whether suicide is ever a volitional act and the attendant issue whether a gift causa mortis ought to be enforced when made conditional upon an act of suicide. Scholars have missed substantial doctrinal changes in the law of gifts causa mortis during the last thirty-three years. These changes bear upon other contested, legal issues, such as the wisdom of legalizing assisted suicide.The article tests the modern rule that all gifts made in contemplation of suicide are enforceable and the assumption on which this rule is predicated, namely that …
Book Review, Susan Nevelow Mart
Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber
Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber
Publications
This Article takes the opportunity of the fortieth anniversary of Katz v. U.S. to assess whether the revolutionary case's potential to provide broad and flexible privacy protection to individuals has been realized. Answering this question in a circumspect way, the Article pinpoints the language in Katz that was its eventual undoing and demonstrates how the Katz test has been plagued by two principle problems that have often rendered it more harmful to than protective of privacy. The manipulation problem describes the tendency of conservative courts to define reasonable expectations of privacy as lower than the expectations society actually entertains. The …
The Chains Of The Constitution And Legal Process In The Library: A Post-Usa Patriot Reauthorization Act Assessment, Susan Nevelow Mart
The Chains Of The Constitution And Legal Process In The Library: A Post-Usa Patriot Reauthorization Act Assessment, Susan Nevelow Mart
Publications
Since the Patriot Act was passed in 2001, controversy has raged over nearly every provision. The controversy has been particularly intense over provisions that affect the patrons of libraries. This article follows those Patriot Act provisions that affect libraries, and reviews how they have been interpreted, how the Patriot Reauthorization Acts have changed them, and what government audits and court affidavits reveal about the use and misuse of the Patriot Act. The efforts of librarians and others opposed to the Patriot Act have had an effect, both legislatively and judicially, in changing and challenging the Patriot Act. Because libraries are …
The Human Right To Privacy, James Griffin
The Human Right To Privacy, James Griffin
San Diego Law Review
To say much of interest about a particular human right, we have to know its content. So we have to know how to decide its content. That is where I shall start.
The Right To Privacy Unveiled, Samuel C. Rickless
The Right To Privacy Unveiled, Samuel C. Rickless
San Diego Law Review
The purpose of this Article is to bring order to this theoretical chaos. In my view, none of these accounts of the right to privacy is accurate. As I will argue, we are better served by a completely different theoretical description of the relevant right. It is my hope that greater philosophical clarity in this area of ethics will lead to a more careful appreciation of the value of the right to privacy, as well as legislation and judicial reasoning that is more carefully crafted to protect against violations of the right. This Article is organized as follows: In Part …
Some Questions For The Barrier Theory, Alan Rubel
Some Questions For The Barrier Theory, Alan Rubel
San Diego Law Review
Having set out the basics, Rickless considers several questions one might pose for the Barrier Theory. For example, must the barrier be solid? No. Must the barrier be erected by, rather than merely used by, the rightholder? No. Must the barrier be morally permissible in the first instance? No. While Rickless's answers seem correct, I think that they raise some concerns about the Barrier Theory.
Toward Informational Privacy Rights, Adam D. Moore
Toward Informational Privacy Rights, Adam D. Moore
San Diego Law Review
In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy rights, we will have taken important steps toward a general right to privacy. In Part I, a definition of privacy is offered along with an account of the value of privacy. Simply put, privacy - defined as control over access to locations and information - is necessary for human well-being. In Part II, an attempt to move beyond claims of value to claims …
Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma
Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma
San Diego Law Review
In this Article, I want to raise doubts about certain of Moore's premises in his argument defending information privacy rights. As always and I say this as a continuing admirer of his skill as a philosopher, information theorist, and legal theorist his argument is well thought out and persuasively written. But, as we will see, there are serious problems with each major plank of his schema for justifying privacy rights.
Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander
Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander
San Diego Law Review
The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."