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The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?

Roger Errera

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0025
Subject:
Law, Legal History

This chapter discusses the reconciliation of the right to privacy with the right of free expression. Part one comments on the first stage of the national debate on privacy, from the early 1960s to ... More


Privacy

James Griffin

in On Human Rights

Published in print:
2008
Published Online:
May 2010
ISBN:
9780199238781
eISBN:
9780191716478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238781.003.0014
Subject:
Philosophy, Moral Philosophy

This chapter discusses the right to privacy. Topics covered include personhood and content of a human right to privacy, legal approaches to the right to privacy, privacy of information, privacy of ... More


Liberty Rights and Privacy Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0013
Subject:
Philosophy, Political Philosophy

This chapter briefly reviews the evolution in decisions of the U.S. Supreme Court of what was originally identified as a privacy right but is now correctly identified as a liberty right against legal ... More


Privacy and Data Protection

Mireille Hildebrandt

in Law for Computer Scientists and Other Folk

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198860877
eISBN:
9780191892936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198860877.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter covers privacy and data protection. This entails a series of legal requirements for development and design, for the default settings, and for the employment of computer architectures. In ... More


Rights to Assisted Dying

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.2
Subject:
Law, Criminal Law and Criminology, Medical Law

There have been unsuccessful attempts to use constitutionally entrenched rights claims to challenge criminal prohibitions on assisted suicide in Canada, the United States, and the United Kingdom. ... More


Popular Paternalism

Anita L. Allen

in Unpopular Privacy: What Must We Hide?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195141375
eISBN:
9780199918126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141375.003.0008
Subject:
Philosophy, Feminist Philosophy, General

This chapter argues that coercive, paternalistic regulations are warranted to address indifference to privacy and data protection concerns spawned by internet and web use; but that even such laws ... More


Rights of Personality in Scots Law: Issues and Options

Niall R Whitty and Reinhard Zimmermann

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0001
Subject:
Law, Constitutional and Administrative Law

Chapter 1 introduces the issues raised by personality rights in Scots law defined as those rights which protect the non-patrimonial or dignitary aspects of the human person – who a person is rather ... More


The Enigmatic Amendment

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.01
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the important role played by Justice Arthur Goldberg in one of the most famous decisions of the 20th-century Supreme Court, Griswold v. Connecticut. It then ... More


Litigation Involving a Conflict of Rights, Each of Equal Value

George C. Christie

in Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195341157
eISBN:
9780199894314
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341157.003.1000
Subject:
Law, Constitutional and Administrative Law

An examination of the tension between the right of privacy and the right of freedom of expression is as timely and appropriate a choice as one could find in a study that seeks to understand whether ... More


Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance

Francesca Bignami and Giorgio Resta

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0019
Subject:
Law, Public International Law

The chapter focuses on national security surveillance by spy agencies. The safeguards afforded for privacy under the law of national security surveillance in the U.S. and the EU appear to be ... More


Doctrinalism and Minimalism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0009
Subject:
Law, Constitutional and Administrative Law

Doctrinalists contend that interpreters can avoid the burdens and responsibilities of philosophic reflection and choice in hard cases by reflecting on bodies of judicial doctrines developed through a ... More


The Right to Privacy?

in The Gay Rights Question in Contemporary American Law

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226451008
eISBN:
9780226451039
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226451039.003.0003
Subject:
Law, Constitutional and Administrative Law

The privacy question has tended to dominate gay rights discussions because the criminalization of homosexual activity has been the most important legal disadvantage that gays have faced and the ... More


“What’s Happening to Sexual Privacy?”: Easing Access to Sexual Expression, 1960s–1970s

Leigh Ann Wheeler

in How Sex Became a Civil Liberty

Published in print:
2013
Published Online:
March 2015
ISBN:
9780199754236
eISBN:
9780190254414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199754236.003.0007
Subject:
History, American History: 20th Century

This chapter focuses on the period from the 1960s to the 1970s, which saw the American Civil Liberties Union (ACLU) fight for sexual civil liberties on the foundation of a right to privacy. It ... More


The Supreme Court in the Era of Bifurcated Review III: Due Process Cases

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0010
Subject:
Law, Legal History, Constitutional and Administrative Law

The Supreme Court’s decisions interpreting the Due Process Clauses of the Fifth and Fourteenth Amendments followed an uneven pattern in the period covered in this volume. From a posture of aggressive ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


Voyeurism

Stuart P. Green

in Criminalizing Sex: A Unified Liberal Theory

Published in print:
2020
Published Online:
May 2020
ISBN:
9780197507483
eISBN:
9780197507513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197507483.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter considers the offense of voyeurism, where the offender infringes on the complainant’s autonomy by intruding on her sexual privacy without her consent. Rather than ask if the alleged ... More


The Right to Die, Involuntary Commitment, and the Constitution

Susan Stefan

in Rational Suicide, Irrational Laws: Examining Current Approaches to Suicide in Policy and Law

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199981199
eISBN:
9780190497217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981199.003.0002
Subject:
Psychology, Forensic Psychology

This chapter analyzes whether a competent person should have the right to die and under what circumstances this right, if it exists, should apply to people with psychiatric disabilities. The chapter ... More


Ethical Argument

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing ... More


Cooperation in the Field of Personal Data Protection: One World, One Standard?

Il Hwan Kim

in The European Union and South Korea: The Legal Framework for Strengthening Trade, Economic and Political Relations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668601
eISBN:
9780748684335
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668601.003.0014
Subject:
Political Science, International Relations and Politics

The protection of personal information is an issue that is addressed by legislation in most states. Yet, the degree of protection often differs from country to country. This chapter discusses the ... More


Introduction

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0025
Subject:
Law, Legal History

This introductory chapter begins with a brief discussion of the roots of the Fourth Amendment. It describes people's desire for privacy dating back to ancient times. It argues that the original ... More


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