{"title":"Splitting the baby: when can a pregnant minor obtain an abortion without parental consent? The Ex parte Anonymous cases (Alabama 2001).","authors":"Stephen P Rosenberg","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"34 3","pages":"1109-41"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24579290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can a constitutional right to health guarantee universal health care coverage or improved health outcomes?: a survey of selected states.","authors":"Amanda Littell","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"35 1","pages":"289-318"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25868909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Grave secrets: legal and ethical analysis of postmortem confidentiality.","authors":"J Berg","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"34 1","pages":"81-122"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25821367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The limits of law at the limits of life: lessons from cannibalism, euthanasia, abortion, and the court-ordered killing of one conjoined twin to save the other.","authors":"G J Annas","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"33 4","pages":"1275-96"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22277285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The use of placebos in clinical trials: responsible research or unethical practice?","authors":"S Hoffman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"33 2","pages":"449-501"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24975261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Internet Privacy and the State, Professor Paul M. Schwartz argues that the dominant rhetoric concerning the use of personal data in cyberspace slights the State's important role in shaping both a privacy market and privacy norms. This Article reaches this conclusion in three steps. In Part I, it first identifies critical shortcomings in the leading paradigm of information privacy, which conceives of privacy as a personal right to control the use of one's data. After discussing and rejecting this model of "privacy-control," the Article in its Part II elaborates information privacy as a constitutive value that helps both to form the society in which we live and to shape our individual identities. This model of "constitutive privacy" indicates that information privacy is necessary to place limits on the power of the state and community alike. Properly devised, information privacy serves to prevent mission-creep by over-zealous norm entrepreneurs in the public and private sectors. Finally, Internet Privacy and the State in its Part III examines how the State can improve the functioning of a privacy market and play a positive role in the development of privacy norms. Regarding the privacy market, the State's first two steps should be to: (1) discourage a default of maximum information disclosure, and (2) encourage a market for privacy-enhancing technology. To overcome more general failings in privacy market efficiency, the State should also: (3) reduce information asymmetries, and (4) seek ways to overcome collective action problems. Regarding privacy norms, the State should: (1) encourage norm circumvention by facilitating attempts to bargain around objectionable norms, (2) provide incentives to groups to modify certain kinds of behavior, and (3) help construct positive bandwagon effects.
{"title":"Internet Privacy and the State","authors":"P. Schwartz","doi":"10.2139/ssrn.229011","DOIUrl":"https://doi.org/10.2139/ssrn.229011","url":null,"abstract":"In Internet Privacy and the State, Professor Paul M. Schwartz argues that the dominant rhetoric concerning the use of personal data in cyberspace slights the State's important role in shaping both a privacy market and privacy norms. This Article reaches this conclusion in three steps. In Part I, it first identifies critical shortcomings in the leading paradigm of information privacy, which conceives of privacy as a personal right to control the use of one's data. After discussing and rejecting this model of \"privacy-control,\" the Article in its Part II elaborates information privacy as a constitutive value that helps both to form the society in which we live and to shape our individual identities. This model of \"constitutive privacy\" indicates that information privacy is necessary to place limits on the power of the state and community alike. Properly devised, information privacy serves to prevent mission-creep by over-zealous norm entrepreneurs in the public and private sectors. Finally, Internet Privacy and the State in its Part III examines how the State can improve the functioning of a privacy market and play a positive role in the development of privacy norms. Regarding the privacy market, the State's first two steps should be to: (1) discourage a default of maximum information disclosure, and (2) encourage a market for privacy-enhancing technology. To overcome more general failings in privacy market efficiency, the State should also: (3) reduce information asymmetries, and (4) seek ways to overcome collective action problems. Regarding privacy norms, the State should: (1) encourage norm circumvention by facilitating attempts to bargain around objectionable norms, (2) provide incentives to groups to modify certain kinds of behavior, and (3) help construct positive bandwagon effects.","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"32 1","pages":"815"},"PeriodicalIF":0.0,"publicationDate":"2000-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68066542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Choice, tradition, and the new genetics: the fragmentation of the ideology of family.","authors":"J L Dolgin","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"32 2","pages":"523-66"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24975260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cloning people: a Jewish law analysis of the issues.","authors":"M Broyde","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"30 2","pages":"503-35"},"PeriodicalIF":0.0,"publicationDate":"1998-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24975259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article addresses federalism issues raised by the interjurisdictional competition that the internet will present. Within the United States, such on-line activity has already become the target of regulation by the states. Analysis of interstate competition in "law as a product" is appropriate in determining the proper scope of state regulation of on-line activity. Two lines of constitutional cases define the parameters of proper interstate regulatory competition: those dealing with personal jurisdiction, and those dealing with the dormant commerce clause. Inherent in the Supreme Court's Due Process holdings is the principle that interstate diversity in law products is desireable and central to a federal system. The "minimum contacts" test of International Shoe and subsequent cases preserves the individual's right to "vote with his feet" in selecting among the law products offered by the several states. Competition for law as a product can only be maintained if states are prevented from externalizing the costs of their local regulations. The Supreme Court holdings regarding the dormant commerce clause indicate that this constitutional doctrine serves to prevent states from exporting their law products to other jurisdictions by attempting to control wholly extraterritorial activity. Although the Internet may in some cases facilitate externalization of state regulatory costs, centralized regulation by the federal government, rather than overreaching by the states, is the proper solution to such externalities
{"title":"Federalism in Cyberspace","authors":"D. Burk","doi":"10.2139/SSRN.44433","DOIUrl":"https://doi.org/10.2139/SSRN.44433","url":null,"abstract":"This article addresses federalism issues raised by the interjurisdictional competition that the internet will present. Within the United States, such on-line activity has already become the target of regulation by the states. Analysis of interstate competition in \"law as a product\" is appropriate in determining the proper scope of state regulation of on-line activity. Two lines of constitutional cases define the parameters of proper interstate regulatory competition: those dealing with personal jurisdiction, and those dealing with the dormant commerce clause. Inherent in the Supreme Court's Due Process holdings is the principle that interstate diversity in law products is desireable and central to a federal system. The \"minimum contacts\" test of International Shoe and subsequent cases preserves the individual's right to \"vote with his feet\" in selecting among the law products offered by the several states. Competition for law as a product can only be maintained if states are prevented from externalizing the costs of their local regulations. The Supreme Court holdings regarding the dormant commerce clause indicate that this constitutional doctrine serves to prevent states from exporting their law products to other jurisdictions by attempting to control wholly extraterritorial activity. Although the Internet may in some cases facilitate externalization of state regulatory costs, centralized regulation by the federal government, rather than overreaching by the states, is the proper solution to such externalities","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"28 1","pages":"1095-1136"},"PeriodicalIF":0.0,"publicationDate":"1997-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.44433","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68789167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A case study of new textualism in state courts: Doe v. Marselle and the confidentiality of HIV-related information.","authors":"J Fleckner","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80998,"journal":{"name":"Connecticut law review","volume":"30 1","pages":"295-324"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25236856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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