Privacy violations are destructive, no matter the perpetrator, but governmental privacy violations can cast a particularly long and destructive shadow. In 2017, when the Department of Justice revealed the texts and extramarital affair of public servants to the press and the President amplified that information in a years-long smear campaign, the harm was incalculable. The injury to those individuals included job losses, stained reputations, physical danger, and emotional suffering. To the public, the message was clear: the government can’t be trusted to handle intimate data with care. In the wake of privacy violations at the hands of powerful government actors, we must recognize the wrongs done to individuals and the public. Existing law provides some relief, but the government’s own actions must play a part. At every branch and level, state and federal, the government must work to restore public confidence in its data-handling practices. A key step would be to recognize intimate privacy as a foundational right.
Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work –...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
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Imagine this scenario: A patron shows a reference librarian a letter from an attorney representing the county and asks, “What law authorizes the...
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations...
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The supply of human organs for transplantation might seem an unlikely place to begin thinking about entrepreneurship. After all, there is no...
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...
The protection of intimate privacy isn’t at odds with free expression. At times, we prioritize one value over the other, but, more often, intimate...
The essential road map for understanding—and defending—your right to privacy in the twenty-first century.
Privacy is disappearing. From our sex lives...
Privacy violations are destructive, no matter the perpetrator, but governmental privacy violations can cast a particularly long and destructive shadow...
Several US states ban employers’ use of credit reports in hiring decisions. This paper evaluates whether these bans help financially distressed...
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The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in...
In North Carolina State Board of Dental Examiners, the Court refused to exempt the board from the second element of Parker immunity (active...