The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011),
2011
UIC School of Law
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011),
2011
UIC School of Law
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011),
2011
UIC School of Law
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes
UIC Law Review
No abstract provided.
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011),
2011
UIC School of Law
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
UIC Law Review
No abstract provided.
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy,
2011
University of Richmond
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Richmond Journal of Law and the Public Interest
Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations,
2011
West Virginia University College of Law
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
West Virginia Law Review
No abstract provided.
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis,
2011
University of Baltimore School of Law
Ten Years After: Bartnicki V. Vopper As Laboratory For First Amendment Advocacy And Analysis, Eric Easton
All Faculty Scholarship
How many ways can one approach a First Amendment analysis? What influences a lawyer or a judge to select one analytical approach over another? And what is the long-term effect of a court's choice of one over another? In Bartnicki v. Vopper, a 2001 case in which the U.S. Supreme Court considered federal and state statutes prohibiting the disclosure of illegally intercepted telephone conversations, we are privileged to have a small laboratory through which to study the first two questions. And, from the vantage point of ten years, we ought to be able to make some informed predictions as to …
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance,
2011
Tel Aviv University
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Michigan Telecommunications & Technology Law Review
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011),
2011
UIC School of Law
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
UIC Law Review
No abstract provided.
The Timely Demise Of The Fourth Amendment Third Party Doctrine,
2011
University of Oklahoma College of Law
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Faculty Articles
In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …
Big Brother Is Watching: The Reality Show You Didn't Audition For,
2011
Indiana University Robert H. McKinney School of Law
Big Brother Is Watching: The Reality Show You Didn't Audition For, Amy Dillard
Oklahoma Law Review
No abstract provided.
The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers,
2011
South Texas College of Law
The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers, Amanda H. Cooley, Marka B. Fleming, Gwendolyn Mcfadden Wade
Oklahoma Law Review
No abstract provided.
Editorial,
2011
Indiana University Maurer School of Law
Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Internet Access Rights: A Brief History And Intellectual Origins,
2011
Dalhousie University Schulich School of Law
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Articles, Book Chapters, & Popular Press
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?,
2011
University of Richmond
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Richmond Journal of Law & Technology
Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.
Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud,
2011
Vanderbilt University Law School
Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud, Ilana R. Kattan
Vanderbilt Journal of Entertainment & Technology Law
The advent of new communications technologies has generated debate over the applicability of the Fourth Amendment's warrant requirement to communications sent through, and stored in, technologies not anticipated by the Framers. In 1986, Congress responded to perceived gaps in the protections of the warrant requirement as applied to newer technologies, such as email, by passing the Stored Communications Act (SCA). As originally enacted, the SCA attempted to balance the interests of law enforcement against individual privacy rights by dictating the mechanisms by which the government could compel a particular service provider to disclose communications stored on behalf of its customers. …
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising,
2011
University of Richmond
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Richmond Journal of Law & Technology
The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …
Patent Protection Of Medical Records—Focusing On Ethical Issues,
2011
University of Washington School of Law
Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu
Washington International Law Journal
The following is a translation of “Patent Protection of Medical Methods—Focusing on Ethical Issues,” an article written by Professor Yūsuke Satō in the June 2007 issue of the Japanese periodical Annual of Industrial Property Law. In Japan, despite the lack of an explicit statutory prohibition, methods of medical treatment have never been patentable. The Japan Patent Office (“JPO”) has rejected patenting medical processes on ethical grounds, interpreting that they do not fulfill the statutory requirement of “industrial applicability” in the main sentence of Article 29, Section 1 of the Patent Act, and courts have been confirming this practice. In light …
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution,
2011
University of Colorado Law School
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution, Eric Robertson
University of Colorado Law Review
Bookstore customers and library patrons typically expect their book purchases and book-borrowing habits to remain private, but what is the legal basis for this expectation and is it justified? This Comment examines court decisions, readers' privacy scholarship, and First Amendment jurisprudence in search of a consistent answer. Although courts and scholars have taken different approaches in identifying a right to readers' privacy and what activity it encompasses, this Comment concludes that a right to reader privacy is fundamental under the First Amendment. In the end, this Comment seeks to provide a simplified solution to the complex constitutional issues that can …
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy,
2011
University of Richmond
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Richmond Public Interest Law Review
Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …
