Recently, in United States v. Ziegler, a panel of the U.S. Court of Appeals for the Ninth Circuit concluded that under the Fourth Amendment, a private sector employee has no reasonable expectation of privacy in his computer if the employer’s computer administrator has access to that computer.
The United States v. Ziegler case I wrote about in a previous post brings to mind a radical employment law case decided last December in New Jersey. [Thanks to Charlie Sullivan and Timothy Glynn for bringing the case to my attention]. The case is Doe v. XYC, 887 A.2d 1156 (N.J. Super. 2005). Since I couldn’t find a version […]
In a disturbing development, websites are emerging to create blacklists of individuals who file medical malpractice claims. According to an article at Law.com:
There are some great discussions over at PrawfsBlawg about teaching criminal law. Russell Covey wonders why so many professors bother to teach the Model Penal Code (MPC):
Jack Balkin has some insightful analysis of the Senator Specter’s NSA Bill over at Balkinization:
In reading the mainstream media accounts, one would get the impression that Senator Specter’s NSA surveillance bill is a compromise with the Administration, a way to limit Executive power, and that the Administration is reluctantly capitulating to judicial oversight.
Remember well over a year ago, when last February ChoicePoint announced it had a major data security breach? Since then hundreds of breaches have been announced — over 200 instances involving data on 88 million people. Several bills were proposed in Congress; many Senators and Representatives quickly emphasized the importance of privacy and data security. […]
Orin Kerr has an interesting post with excerpts from a debate between Stephen M. Feldman and Richard Seamon about the legal academy. Fedman writes that law schools ought to become even more interdisciplinary than they already are: “Interdisciplinary scholarship, done well, can generate creative methods and original insights in previously stale areas of thought.” Seamon, in contrast, […]
Over at the Conglomerate, Professor Eric Goldman’s paper, A Coasean Analysis of Marketing, is being workshopped in the Conglomerate’s Second Annual Junior Scholars Workshop. Professors Peter Huang and Frank Pasquale (previously a guest blogger here at Concurring Opinions) are providing commentary.
Apparently, warrantless wiretapping and gathering of phone call records just aren’t enough to quench the Bush Administration’s thirst for data. Now we learn that the government has gathered massive quantities of financial records. The New York Times reports: