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smilliganlawreview
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CommentaryVol. 95 · Iss. 1
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness…
John P. Gross -
NoteVol. 95 · Iss. 1
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although…
J. Pierce Lamberson -
ArticleVol. 95 · Iss. 1
Consumer Financial Protection in Health Care
There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems…
Erin C. Fuse Brown -
ArticleVol. 95 · Iss. 1
Privacy, Poverty, and Big Data: A Matrix of Vulnerabilities for Poor Americans
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the…
Mary Madden, Michele Gilman, Karen Levy & Alice Marwick -
ArticleVol. 95 · Iss. 1
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in…
John Campbell, Bernard Chao & Christopher Robertson -
ArticleVol. 96 · Iss. 6
Safe Social Spaces
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge…
Ari Ezra Waldman -
ArticleVol. 96 · Iss. 6
The Consent Myth: Improving Choice for Patients of The Future
Consent has enjoyed a prominent position in the American privacy system since at least 1970, though historically, consent emerged from traditional notions of tort…
Charlotte A. Tschider -
ArticleVol. 96 · Iss. 6
The Pathologies of Digital Consent
Consent permeates both our law and our lives—particularly in the digital context. Consent is the foundation of the relationships we have with search engines,…
Neil Richards & Woodrow Hartzog -
ArticleVol. 96 · Iss. 6
Trustworthy Privacy Indicators: Grades, Labels, Certifications, And Dashboards
Despite numerous groups’ efforts to score, grade, label, and rate the privacy of websites, apps, and network-connected devices, these attempts at privacy indicators have,…
Joel R. Reidenberg, N. Cameron Russell, Vlad Herta, William Sierra-Rocafort & Thomas B. Norton -
ArticleVol. 96 · Iss. 6
Privacy Governance for Institutional Trust (Or Are Privacy Violations Akin to Insider Trading?)
Currently, we frame individuals online as in a series of exchanges with specific firms, and privacy, accordingly, is governed to ensure trust within those…
Kirsten Martin -
ArticleVol. 96 · Iss. 6
Privacy’s Past: The Ancient Concept and Its Implications for The Current Law of Privacy
Privacy is a mysterious concept. The more apparent its significance in the real world becomes, the more obscure the core and the limitations of…
Keigo Komamura -
ArticleVol. 96 · Iss. 6
The Ironic Privacy Act
This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way…
Margaret Hu