Volume 96
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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 -
ArticleVol. 96 · Iss. 6
The Privacy Risks of Direct-To-Consumer Genetic Testing: A Case Study Of 23andMe And Ancestry
Direct-to-consumer genetic testing (DTC-GT) companies have proliferated and expanded in recent years. Using biospecimens directly submitted by consumers, these companies sequence and analyze the…
Samual A. Garner & Jiyeon Kim -
ArticleVol. 96 · Iss. 6
Why Sexual Privacy Matters for Trust
Every generation has preferred modes of self-disclosure. Not long ago, lovers revealed their thoughts, desires, and secrets over the phone and in letters. Today,…
Danielle Keats Citron -
ArticleVol. 96 · Iss. 5
Second-Best Criminal Justice
Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…
William Ortman -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald -
ArticleVol. 96 · Iss. 5
Them Too
Discussions of sexual misconduct often focus primarily or exclusively on the parties directly involved in sexual behavior. As a result, the discussion generally centers…
Nancy Leong