Privacy Law Commons^™

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Recent Cases, Robert L. Teicher, Timothy C. Maguire

Vanderbilt Law Review

In the 1930 decision of State ex rel. LaFollette v. Kohler, the Wisconsin Supreme Court rejected the earliest free speech challenge to a candidate expenditure limitation. The court held that the state's interest in protecting the integrity of its electoral process outweighed the individual's right of communicating with the public without governmental infringement." The court's identification of the communicative effect of campaign spending anticipated the United States Supreme Court's ruling in Stromberg v. California" that communicative conduct was entitled to protection from government infringement. The Court, however, hampered the effectuation of this protection by failing to define conclusively the point …

Government Information And The Rights Of Citizens, Michigan Law Review

Michigan Law Review

This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.

Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.

Vanderbilt Law Review

Conflicts of Law--Federal Preemption--Aviation Law

Appellant-defendants, the United States' and a national airline whose plane had been involved in a mid-air collision while under radar direction from the FAA, agreed to a settlement of the resulting actions for wrongful death that had been initiated in various federal district courts and consolidated in the Southern District of Indiana. Appellants then sought indemnity and contribution by cross-claim and third-party complaints against appellee-defendants, the owners of the other plane involved in the collision and the estate of its student pilot. The appellees contended that since no right to indemnity and contribution existed under …

A Student Right Of Privacy: The Developing School Records Controversy, Michael J. Zdeb

Loyola University Chicago Law Journal

No abstract provided.

Does The Illinois Cannabis Control Act Violate The Right To Privacy Enunciated In The Illinois Constitution, 9 J. Marshall J. Prac. & Proc. 280 (1975), Jonathan Kuller

UIC Law Review

No abstract provided.

Scope Of Disclosure Of Internal Revenue Communications And Information Files Under The Freedom Of Information Act, Peter R. Spanos

University of Michigan Journal of Law Reform

This article will discuss the proper scope of disclosure under the Freedom of Information Act of the files and administrative and policy materials of the IRS, with particular attention to the following currently contested issues: (1) the extent to which IRS guideline documents and private letter rulings are subject to disclosure; (2) the proper scope of the FOIA exemption for "interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency" as applied to the IRS; and (3) the scope of the exemption for "investigatory records …

Patients' Rights Of Access To Their Own Medical Records: The Need For New Law, Barbara L. Kaiser

Buffalo Law Review

No abstract provided.

Data Banks In A Free Society. By Alan F. Westin And Michael A. Baker. Records, Computers And The Rights Of Citizens: Report Of The Secretary's Advisory Committee On Automated Personal Data Systems, Mary Kay Kane

Buffalo Law Review

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 …

Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review

Michigan Law Review

Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …

Privacy And The Press Since Time, Inc. V. Hill, Don R. Pember, Dwight L. Teeter, Jr.

Washington Law Review

In this article, the authors do not propose to discuss the innumerable ways in which one's privacy is invaded or to survey the entire sweep of the law of privacy, but rather attempt to trace briefly its development, with particular emphasis on how the law has affected the mass media since the Supreme Court decided its first privacy case, Time, Inc. v. Hill, in 1967. In so doing, we hope to add somewhat to the understanding of this unsettled area of law.

The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review

Michigan Law Review

The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.

Torts--Invitees, Licensees And Trespassers--A Trend Towards Abolishing Classification Of Entrants, Stephen R. Brooks

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Protection Of Privacy Of Computerized Records In The National Crime Information Center, Stuart R. Hemphill

University of Michigan Journal of Law Reform

The purpose of this article is to describe the social benefits and costs of the NCIC and to indicate the need for a program of operational controls to temper the system's impact on the balance between individual privacy and law enforcement needs. Various approaches which could be incorporated into a program of safeguards are introduced and briefly analyzed. Finally, the article discusses several overall design issues which should be considered in the construction of an adequate program of safeguards. Particular emphasis is placed on the NCCH file since it is the major source of the tensions underlying the issues addressed.

Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act

University of Richmond Law Review

The past two decades have evidenced a growing criticism and intolerance of "closed sessions" or "secret meetings" in the operation of government. As a result of this increased disapproval, most states enacted some form of "open meeting" legislation designed to give the public a legal right to attend meetings of state and local governing bodies. The purpose of these statutes has been to maintain the faith of the public in governmental agencies by allowing citizen attendance and participation in all phases of the decision making process. Citizens must be able to go behind the decisions of government and hear discussion …

Right To Privacy- Direct Injury Must Be Shown Before A Court May Grant Relief From General Governmental Surveillance

University of Richmond Law Review

The right of privacy is an aggregate of many separate rights, each of which is guaranteed in the Bill of Rights. Although the right of privacy was not recognized per se at common law, today it is acknowledged by a majority of jurisdictions as a separate actionable legal right.

Recent Treaties, James H. Bloem

Vanderbilt Journal of Transnational Law

To obtain information on the financial dealings of organized crime in Switzerland, the United States must show both probable cause and the absence of a reasonable possibility of conviction without the information. Thus, Switzerland has preserved its prudent and traditional requirement of secrecy with respect to transactions of those who utilize its financial institutions. Because the Treaty was drafted in two different legal environments, conflicts may rise under it. The limitation on use of any disclosed information to investigations or proceedings for which the information originally was granted does not coincide with the United States rule of evidence that allows …

Warrantless Search Of A College Dormitory, Ronald J. Bacigal

Law Faculty Publications

Student Conduct is as much a part of the collegiate experience as intellectual pursuit, and regulation of student conduct has been a concern of university officials for as long as there have been students and universities. Until the 1960s the courts had few occasions to concern themselves with the regulation of student conduct; and, university officials were free to take any action short of action that was arbitrary and capricious. University officials were deemed to stand in loco parentis and thus could make and enforce any regulation for the physical training, moral enrichment, and betterment of their pupils that a …

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

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 …

A Woman's Right To Voluntary Sterilization, Susan L. Bloom

Buffalo Law Review

No abstract provided.

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

The Concept Of Privacy And The Fourth Amendment, Steven C. Douse

University of Michigan Journal of Law Reform

This Article attempts at a minimum to offer a common background and frame of reference for defining and comparing myriad facets of the law. If successful, they furnish a model for the integration of these many facets. This inquiry begins with an examination of the proposition that the essence of the fourth amendment is protection of a right of privacy. The concept of privacy is then defined and elaborated, both without and within the constitutional context. These conclusions are further extended in an exploration of mechanisms for defining the invasions and protection of fourth amendment privacy.

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

West Virginia Law Review

No abstract provided.

Miller: The Assault On Privacy, Michael S. Josephson

Michigan Law Review

A Review of The Assault on Privacy by Arthur R. Miller