Privacy Law Commons^™

Book Notes, Law Review Staff

Vanderbilt Law Review

Book Notes --

The Strength of Government--By McGeorge Bundy Cambridge:Harvard University Press, 1968. Pp. xii, 107. $3.75.

Towards a Global Federalism-- By William 0. Douglas. New York: New York University Press, 1968. Pp. xi, 177, $7.95.

Democracy, Dissent, and Disorder: The Issues and the Law-- By Robert F. Drinan New York: The Seabury Press, 1969. Pp. 152,$4.95.

The End of Obscenity: The Trials of Lady Chatterly, Tropic of Cancer, and Fanny Hill --By Charles Rembar New York: Random House, Inc., 1968. Pp. xii, 528. $8.95.

Justice on Trial-- By A.L. Todd Chicago: The University of Chicago Press, 1964. Pp. ix, …

Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg

Buffalo Law Review

Chimel v. California, 395 U.S. 752 (1969).

Constitutional Law—Detentions For The Purpose Of Obtaining Fingerprints Are Subject To The Fourth Amendment’S Constraints Against Unreasonable Searches And Seizures, Gregory Stamm

Buffalo Law Review

Davis v. Mississippi, 394 U.S. 721 (1969).

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).

The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly

University of Michigan Journal of Law Reform

The purpose of this comment is to determine whether the confidential associations and-or private communications of a newsman are privileged.

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …

Constitutional Law--Electronic Eavesdropping And The Right To Privacy, John Charles Lobert

West Virginia Law Review

No abstract provided.

Westin: Privacy And Freedom, Stanley K. Laughlin Jr.

Michigan Law Review

A Review of Privacy and Freedom by Alan F. Westin

The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman

Kentucky Law Journal

No abstract provided.

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

Laudatory Invasion Of Privacy, Joseph Zolich

Cleveland State Law Review

Although seventy-seven years have passed since its launching, the right of privacy is still in its infancy. But we can say that the doctrine is no longer a generality and courts have developed principles which are applied and followed in jurisdictions where the doctrine has been recognized. Laudatory invasion of privacy cases fall into the category of public disclosure of private facts about the plaintiff.

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 …

Comparative Law Of Privacy, James K. Weeks

Cleveland State Law Review

At this time there is little doubt that the right of privacy is well established in most American jurisdictions. In Europe the situation is much the same. There the concept of "Fault"and "Moral Injury" affords the proper climate for its further development and continued protection. The fact that Continental countries have difficulty in tacking down the concept to a particular category of right, and even, sometimes, to a particular article in their Code, is, after all, inconsequential. Only in England is the right slow to come into its own, but the increasing awareness of the English Bench and Bar that …

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 …

Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.

Michigan Law Review

The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.

Torts--Right Of Privacy, Durward W. Caudill

Kentucky Law Journal

No abstract provided.

Torts - Invasion Of Privacy - Conduct Of A Debt Collector, Russel A. Mcnair Jr.

Michigan Law Review

In an action for the balance due on account for merchandise purchased defendants counterclaimed for damages alleging that an agent of the plaintiff, on three separate days, went to the restaurant where the defendant-wife worked as a waitress and in a loud and degrading manner made demands that defendants pay the account. On each occasion many customers were present. Plaintiff's agent accused the defendants of being "dead beats" and of never intending to pay for the merchandise when it was purchased. The trial court sustained plaintiff's demurrer to this counterclaim. On appeal, held, reversed and remanded. Conduct of a …

Torts - Privacy - Collection Method, Frederic Brace S.Ed.

Michigan Law Review

Plaintiff disputed the debt which the defendant corporation asserted against her. Defendant made no attempt to recover this asserted debt by legal action but instead sent a letter to the personnel director of plaintiff's employer. This letter stated that plaintiff had refused to cooperate in reaching an amicable settlement and requested the assistance of the personnel director in collecting this "honest debt." Plaintiff was then summoned to the office of her superior and informed that the letter would be placed in her file and remain there until the asserted indebtedness had been settled. Plaintiff sought damages for an invasion of …

The Physician-Patient Privilege In Virginia, James W. Payne Jr.

University of Richmond Law Review

It seems settled that at common law there was no privilege whereby either a patient or a physician could suppress evidence of communications made by one to the other. Most commentators have argued that there is no justification for such a privilege.

Constitutional Law-Due Process-Use Of Television At Congressional Hearings, S. I. Shuman

Michigan Law Review

Defendant, not claiming constitutional protection against self-incrimination, refused to testify before a Senate committee on grounds that his "constitutional rights" would be violated if compelled to give testimony while being televised, photographed, etc. Cited for willfully and without justification refusing to testify on matters pertinent to the purpose of the inquiry, defendant was tried for contempt of Congress. Held, not guilty; defendant's refusal was justified. The court, after stating that there were no precedents, and that no constitutional issue was involved, seemed to rest its decision on the fact that the atmosphere of the forum did not lend itself …

Right Of Privacy Collection Cases--Letter Of Creditor To Debtor's Employer, William Deep

Kentucky Law Journal

No abstract provided.

Public Interest As A Limitation Of The Right To Privacy, Dianne Louise Mckaig

Kentucky Law Journal

No abstract provided.

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—Televising Of Professional Act Not A Violation Of Civil Rights Law, Ralph L. Halpern

Buffalo Law Review

Gautier v. Pro-Football, Inc., 278 App. Div. 431, 106 N. Y. S. 2d 553 (1st Dept. 1951).

Torts--Right Of Privacy In Kentucky, Dempsey Cox

Kentucky Law Journal

No abstract provided.

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute.' This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting

Michigan Law Review

Paradoxically enough, the "right" to be silent has been vociferously asserted by some of our most loquacious citizens. The current activities of Congressional investigating committees and the possible enactment of laws regulating participation in certain political affairs make timely a consideration of the basis for the assertion of the "right" and an attempt to determine the extent to which it may be said truly to be protected against intrusions by the state or national governments. It is proposed first to consider the question of secrecy in connection with the elective process itself and later to extend the inquiry into problems …

Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii

Michigan Law Review

The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and …