The First Amendment And The Rpas, 2015 Georgia State University College of Law
The First Amendment And The Rpas, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, 2015 Seattle University School of Law
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Seattle University Law Review
A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …
Of Third-Party Bathwater: How To Throw Out The Third-Party Doctrine While Preserving Government's Ability To Use Secret Agents, 2015 St. John's University School of Law
Of Third-Party Bathwater: How To Throw Out The Third-Party Doctrine While Preserving Government's Ability To Use Secret Agents, Amy L. Peikoff
St. John's Law Review
(Excerpt)
In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr's defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, …
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), 2015 John Marshall Law School
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Alberto Bernabe
No abstract provided.
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, 2015 Roger Williams University
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Continuing Battle Over Privacy Vs. Security, 2015 U. MD School of Law
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, 2015 Roger Williams University School of Law
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, 2015 SelectedWorks
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, Masoud Ostovan
masoud ostovan
The nature of banking pay late penalties and the possibility of its adjustment in the banking system in Iran.
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, 2015 Roger Williams University School of Law
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Law School Blogs
No abstract provided.
Taxonomy Of The Snowden Disclosures, 2015 William & Mary Law School
Taxonomy Of The Snowden Disclosures, Margaret Hu
Faculty Publications
This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, 2015 Loyola Marymount University and Loyola Law School
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
Loyola of Los Angeles Entertainment Law Review
This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, 2015 Florida State University College of Law
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Appropriate(D) Moments, 2015 New York Law School
Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, 2015 Illinois State University
Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley
Faculty and Staff Publications – Milner Library
The Wisconsin School for Girls collection housed in the Wisconsin Historical Society (WHS) archives contains a variety of documents from the institution’s period of operation. Inmates who were admitted to the institution were predominately juvenile females at the time of the records’ creation; because of this, the contents of the records are protected by Wisconsin state statutes, which mandate restricted access for patrons as well as limitations on the use of the information contained within the records. This article examines how the restrictions on the collection continue to protect the privacy of the inmates and their descendants, what procedures WHS …
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, 2015 Loyola Marymount University and Loyola Law School
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Loyola of Los Angeles Entertainment Law Review
This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …
Regulating Real-World Surveillance, 2015 University of Washington School of Law
Regulating Real-World Surveillance, Margot E. Kaminski
Washington Law Review
A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state’s interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression. This Article identifies the government interest in enacting laws governing surveillance by private …
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, 2015 Dalhousie University
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Dalhousie Law Journal
This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …
Newsroom: Fcc's Sohn On Consumer Protection, 2015 Roger Williams University
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Do-It-Yourself Privacy: The Need For Comprehensive Federal Privacy Legislation With A Private Right Of Action, 2015 Golden Gate University School of Law
Do-It-Yourself Privacy: The Need For Comprehensive Federal Privacy Legislation With A Private Right Of Action, Alec Wheatley
Golden Gate University Law Review
This Comment will argue that there is a significant gap in federal privacy law that must be addressed. New federal legislation is needed to fill this gap and would be preferable to a mishmash of potentially conflicting state laws currently in development that will make compliance more difficult for companies that do business online. The incorporeal nature of the Internet also cuts against relying on state legislation, because it makes it difficult to determine the proper jurisdiction for a claimed privacy violation, creating complex choice-of-law disputes.
El Derecho Al Secreto Y La Teoría Del Cono, 2015 Universidad de los Hemisferios
El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El presente estudio contiene una teoría general del derecho de los secretos, que sirve para determinar el peso específico de cada secreto, a efectos de realizar una correcta ponderación de derechos. La teoría explica las relaciones que existen entre los diversos tipos de secreto, utilizando y desarrollando la teoría del cono de García Morente, que se muestra como una herramienta apropiada para dilucidar cuándo hay derecho al secreto, cuando no lo hay y en qué medida. La metodología utilizada es inductiva. El análisis se estructura de la siguiente manera: (i) se recapitula la teoría general del derecho de los secretos; …