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12 Apr 2012, 6:28 am by Justin P. Webb
As Justice Alito incisively observes, the same technological advances that have made possible nontrespassory surveillance techniques will also affect the Katz test by shaping the evolution of societal privacy expectations.While Scalia did not shoot down Katz, but merely supplemented Fourth Amendment jurisprudence with yet another test, it should be noted that Jones is already causing confusion in the lower courts. [read post]
29 Jun 2022, 9:01 pm by Paul Hodgson
A typical congruency proposal might look at societal issues such as environmental sustainability; diversity, equity and inclusion; social justice; and economic empowerment of women. [read post]
15 Apr 2011, 7:55 am by Brandon W. Barnett
Lee, 470 U.S. 753 (1985) to balance the intrusion to the appellant’s personal interests, the societal need for effective law enforcement, and the state’s need for evidence. [read post]
2 Jul 2007, 6:08 pm
The authors argue that state capacity is a "moving target," with state and societal actors building on legal as well as administrative resources to construct and transform capacity. [read post]
2 Mar 2011, 5:58 pm by Bridget Crawford
In addition to these so called societal mores of bisexuality, the community is wholly absent from legal protections as “bisexuals” do not fit within the “gay” or “straight” legal categories created in the law. [read post]
12 Dec 2019, 5:30 am by Barry Sookman
There should be additional exceptions to the consent principle for socially beneficial purposes, but before any such exception could be relied upon several prior conditions would have to be met including that: “it is necessary to use personal information; it is impracticable to obtain consent; pseudonymized data will be used to the extent possible; societal benefits clearly outweigh any privacy incursions; a privacy impact assessment (PIA) was conducted in advance; the organization… [read post]
28 Jan 2008, 10:09 am
A higher standard of proof for execution would go a long way toward ensuring the important societal and judicial goal of reducing the possibility that states will execute the innocent. [read post]
27 Aug 2007, 12:50 am
The societal costs of alcohol-related crashes average $1.00 per drink consumed. [read post]
12 May 2022, 8:55 am by Lawrence Solum
The scope of constitutional memory matters to legitimacy because many features of constitutional legitimacy depend, whether directly or indirectly, on implicit notions of societal consensus, majority opinion, and the consent of the governed. [read post]
16 Mar 2010, 3:08 am by Sean Wajert
  She stressed in her remarks that as the agency contemplates exposure reductions it is important that the EPA be required to take into account the societal benefits from the use of chemicals and the time and complexity of bringing substitutes to market. [read post]
14 Jun 2007, 7:45 am
Litigation in the Bing Crosby estate has weakened the assumption that the privilege could be abandoned after a deceased client's personal representative has been discharged without harming the societal goals embodied by the attorney-client privilege. [read post]
30 Jun 2010, 11:28 am by Cleve Clinton & Jamie Ribman
., what happens if the event is man-made (sabotage), natural occurrences or other “acts of God” (hurricanes, floods, tornadoes), market conditions (inability to obtain goods), political or governmental (changes in law or ruling regimes) or societal (riots, terrorism, labor strikes). [read post]
15 Sep 2008, 2:28 pm
It's also contrary to the public interest to saddle the sex workers with a criminal record, thereby hindering their ability to switch to more societally acceptable jobs to support themselves. [read post]
11 Mar 2016, 1:20 pm by Law Offices of Ben Yeroushalmi
  Research has also shown that patients with YOD express higher rates of neuropsychiatric symptoms than those with long-term dementia, possibly associated with the more unanticipated loss of autonomy and active societal roles at younger ages. [read post]
9 May 2012, 9:15 pm
The district court believed that, while the antitrust guidelines and the fraud guidelines attacked a similar societal harm, the antitrust guidelines were too lenient. [read post]
17 Aug 2010, 8:09 pm
This article emphasizes the importance of thinking carefully about the consequences of sharing information online, with maintaining confidentiality as much a concern for paralegals as it is for individuals who provide patient care:But with this new societal free flow of "information sharing" comes legitimate patient privacy and business concerns for the public safety employer. [read post]
13 Oct 2009, 12:00 am
It was my first personal experience with philanthropy, with the idea that those who can spare even a handful of coins have a societal obligation to be a part of a solution to problems plaguing the world—and the idea that even one person, even a child, can make a difference. [read post]
26 Apr 2020, 4:05 pm by Joshua Cossin
” The court further explained that “inability to leave the relationship may be informed by societal expectations about gender and subordination, as well as legal constraints regarding divorce and separation. [read post]
30 Jul 2012, 4:02 am by Rita Handrich
“The current study offers empirical support that one of the most popular reality TV shows, The Biggest Loser, has a potentially negative impact on societal perceptions of obese persons. [read post]