Daniel J. Solove is a Law professor at George Washington University Law School, an expert in information privacy law, and founder of TeachPrivacy, a privacy and security training company. In the first of a four part series, Prof. Solove’s article focuses on the ramifications of increasingly common instances of personal data theft or improper data disclosure, and the subsequent ramifications for those compromised.
In the second article of a four part series, Daniel J. Solove explains how the law is struggling to deal with privacy and data security harms.
Ken Strutin’s documents the scope of sources that encompass a critical issue that has recently repeatedly surfaced in mass media and the legal press – the fact that judicial decisions are believed to embody legal reasoning, societal values and support the foundations of our legal system. For scholars, lawyers and librarians there are three essential components: decision-making, opinion writing and publication. Recently, scrutiny of Supreme Court opinions and the work habits of the courts in general has been drawing attention to the entirety of judicial work that is at the heart of precedent. This article collects a range of pertinent guides, manuals, treatises, law reviews, studies and newsworthy mentions that address significant issues in judicial decision-making, opinion writing and case law publishing.
The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts on what these implications may be.
Many of us are aware of, and have had contact with various types of therapy dogs, in places that range from the workplace to our public transportation systems. But we may not be aware of the growing use and integration into the legal system of therapeutic “comfort dogs” or therapy dogs in several aspects of criminal proceedings, including victim-offender mediation. Ken Strutin lays the groundwork for analysis of how “dog therapy” techniques are well suited to this type of mediation by discussing the psychological dynamics of victim-offender mediation, including how the mediator must confront and deal with them. Of special interest and importance is the changing role of the mediator, who is often called upon to wear different hats. Of importance in this article are the jobs of “therapist” and “magician.” Strutin describes the “therapist” role as it focuses on the therapeutic effect that a dog’s presence will have on victim-offender mediation, namely the psychological benefits for the participants. He explores the “magician” role through a discussion of how the mediator will use the dog’s presence to aid in the process of discussing and resolving conflict, with both parties’ emotional needs receiving equal attention. And finally, Strutin discusses the training required by mediators who wish to employ therapy dogs in their practice. These new “mediator-handlers,” as these types of mediators are known, will have a challenging task in specializing in this type of mediation, but one that can be truly rewarding.” The research and commentary provided here are seminal to understanding how dogs are engaged in increasingly critical roles in the lives of people in many facets of social and legal interaction with critical implications for all involved.
The International Privacy Law Library on WorldLII has been expanded. The Library’s 32 databases include about 3,600 decisions of 13 privacy and data protection authorities, from New Zealand, Ireland, the United Kingdom, Hong Kong, Australia, Korea, Macau, Mauritius, the United States and the European Union.
Criminal law expert Ken Strutin’s article addresses how DNA forensics is about information, privacy and the presumption of innocence. It has become the determinant for identification, solving cold cases and exonerating the innocent. Strutin describes that at its core, it is an inestimable library of personal data. Due to the increasingly important role of Personally identifiable information (PII), courts and legislatures have been attempting to balance the interests of the individual in protecting their genetic information with the usefulness and necessity of that same data for criminal investigation. Strutin notes clearly that any DNA or forensic database is a composite of intertwined informational and legal values that pose competing and conflicting questions about the analytics (accuracy, reliability and validity) of the data and the lawfulness (constitutionality) of its gathering. His article collects recent notable decisions and scholarship appearing in the aftermath of Maryland v. King.
Ken Strutin’s article addresses the increasing use and impact, social and legal, of the emerging and high visibility technology known as 3D printing. The technology’s use in a wide range of sectors – including education, manufacturing, firearms, robotics and medical devices, as well as in the home – is raising a plethora of patent, trademark and intellectual property issues. In addition, libraries and museums are beginning to embrace 3D technologies for archiving and collection development. And the widespread ability to create three-dimensional objects via technology is transforming information collection, storage and communication across a spectrum of fields.
Nicholas Pengelley and Sue Milne have revised, updated and expanded their guide which covers a comprehensive range of sources on topics that include: Parliaments and Laws; Finding Australian Legislation; Courts and Judgments; Finding Australian Cases; Treaties; Journal Literature; Legal Encyclopedias; Law Reform; Government Information; Dictionaries; Directories; Legal Research Guides; Publishers; Current Awareness; Discussion Lists; and Major Texts.
Prof. Annemarie Bridy reviews the facts related to fair use and copyright in the long awaited decision delivered in the Google Book Search case on November 14, 2013 by Judge Chin. She focuses on the court’s deliberation of statutory requirements for the fair use defense to a claim of infringement based on weighing four critical factors. In sum, Bridy believes the opinion is an efficient and complete analysis of the required factors, and thinks that it will hold up well on appeal.