Privacy Law Commons^™

Bibliography, 1 Computer L.J. 781 (1978), Linda A. Schulte

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Illinois Abortion Parental Consent Act Of 1977: A Far Cry From Permissible Consultation, 12 J. Marshall J. Prac. & Proc. 135 (1978), Andrew P. Nemiroff

UIC Law Review

No abstract provided.

Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus

University of Richmond Law Review

This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …

The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review

Michigan Law Review

In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.

Over time, …

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

Florida State University Law Review

No abstract provided.

Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins

BYU Law Review

No abstract provided.

Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney

BYU Law Review

No abstract provided.

Agency Implementation Of The Privacy Act And The Freedom Of Information Act: Impact On The Government's Collection. Maintenance And Dissemination Of Personally Identifiable Information, 10 J. Marshall J. Prac. & Proc. 465 (1977), Robert R. Belair

UIC Law Review

No abstract provided.

Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg

University of Richmond Law Review

Until recently, a minor's access to ordinary medical treatment and to such services as contraception, abortion, and sterilization has been severely limited by the legal prerequisite of parental consent. While purporting to act in the minor's best interest, the law has hindered making such medical care available to minors who need and desire it. However, the law has been changing; relying on privacy rights as protected by the Constitution, courts and legislatures have granted independent access-in a selective and piecemeal fashion-to medical services concerning reproductive capacity and sexual activity.

Illinois And The Right Of Privacy: History And Current Status, 11 J. Marshall J. Prac. & Proc. 91 (1977), Jay M. Hanson

UIC Law Review

No abstract provided.

United States V. Miller: Without A Right To Informational Privacy, Who Will Watch The Watchers, 10 J. Marshall J. Prac. & Proc. 629 (1977), Patrick L. Moore

UIC 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.

Constitutional Privilege To Republish Defamation, Leslie Levin

Faculty Articles and Papers

Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …

Foia And Privacy Act Interface: Toward A Resolution Of Statutory Conflict, Michelle Leslie Oxman

Loyola University Chicago Law Journal

No abstract provided.

Nixon V. Administrator Of General Services, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.

The Confidentiality Of University Student Records: A Common Law Analysis

BYU Law Review

No abstract provided.

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth

Vanderbilt Law Review

Constitutional Law--Action Under Color of State Law--Legislative Authorization of Private Action Resembling Public Function Constitutes Action Under Color of State Law

The instant case creates a two to two split in the circuits on the question whether the seizure of a tenant's possessions under a land-lord lien statute is action under color of state law. The decisions in Davis and Anastasia provide the potential for abuse that Fuentes was designed to prevent-the indiscriminate entry into the debtor's home and seizure of his belongings without prior notice and hearing.Hall and the instant opinion, however, provide a more equitable result. While the …

Constitutional Law - Minors' Right Of Privacy Versus Parental Right Of Control - Access To Contraceptives Absent Parental Concent - T H V. Jones, Damian C. Smith

BYU Law Review

No abstract provided.

Backdooring The Nlrb: Use And Abuse Of The Amended Foia For Administrative Discovery, Timothy J. Mcgonegle

Loyola University Chicago Law Journal

No abstract provided.

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.

The Interception Of Communications Without A Court Order: Title Iii, Consent, And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Evening The Odds In Defamation - Troman V. Wood, Wayne B. Giampietro

Loyola University Chicago Law Journal

No abstract provided.

Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.

University of Richmond Law Review

A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).

Hands Off!! The Validity Of Local Massage Parlor Laws

University of Richmond Law Review

Massage parlors are not a recent American phenomenon. They were a pervasive and, to many, a troublesome phenomenon during the "winning of the West."' In 1897, the Supreme Court determined that one advertisement by women inviting men to their "Baths" and "Massage" rooms was too obscene to be printed. In recent years there has been a sudden increase of interest in and concern about massage parlors. This note examines the most prevalent legal problems generated by the regulation of massage parlors: the relationship between the police power and massage parlor establishments, the constitutional concerns of equal protection and substantive due …

The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp

University of Richmond Law Review

The Family Educational Rights and Privacy Act of 1974, the so called Buckley Amendment, grants parents the right to inspect all records that schools maintain on their children and to challenge any contents they believe are inaccurate or misleading. The Act also requires that parents consent before information from school records is released to those outside specified educational categories. Once a student reaches eighteen years of age or enters a postsecondary educational institution, he assumes these rights in his parents' stead. The penalty for failure of an educational system or institution to comply with the law is loss of all …

Runyon V. Mccrary, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Ravin V. State: Marijuana Use In The Home Protected By Right Of Privacy, Janet Knight Breece

North Carolina Central Law Review

No abstract provided.