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Harvard Law Review Topics Page 2

Privacy

Intellectual Property Articles

Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption

Vol. 135 No. 5 March 2022 Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights...
  • Jennifer E. Rothman
Federalism Articles

Data Federalism

Vol. 135 No. 4 February 2022 Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone....
  • Bridget A. Fahey
Fourth Amendment Recent Case

United States v. Tuggle

Seventh Circuit Holds Long-Term, Warrantless Video Surveillance is Not an Illegal Search

Vol. 135 No. 3 January 2022
Internet & Communications Law Response

Beware of Giant Tech Companies Bearing Jurisprudential Gifts

Response to Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8 June 2021 Giant tech companies are not a brooding omnipresence in the sky, but mostly because their rapacious approach to data surveillance leaves little time for...
  • Kiel Brennan-Marquez
International Law Recent Case

Data Protection Commissioner v. Facebook Ireland Ltd.

Court of Justice of the European Union Invalidates the EU-U.S. Privacy Shield.

Vol. 134 No. 4 February 2021
Consumer Law Response

The Fiduciary Model of Privacy

Responding to David E. Pozen & Lina M. Khan, A Skeptical View of Information Fiduciaries

Response to A Skeptical View of Information Fiduciaries
Vol. 133 No. 9 October 2020
  • Jack M. Balkin
Criminal Law Recent Case

State v. VanBuren

Vermont Supreme Court Holds that Privacy Expectations Depend on the Context of Relationships.

Vol. 133 No. 7 May 2020
Privacy Notes

Constitutional Privacy and the Fight Over Access to Sex-Segregated Spaces

Vol. 133 No. 5 March 2020 The battle over transgender rights is raging on many fronts. Despite some local and national victories for transgender activists in the past few years,...
LGBT Rights Recent Case

Doe ex rel. Doe v. Boyertown Area School District

Third Circuit Holds that Allowing Transgender Students to Use Their Preferred Sex-Segregated Spaces Does Not Violate Cisgender Students’ Right to Privacy.

Vol. 132 No. 7 May 2019
Policing Book Review

Digitizing the Carceral State

Vol. 132 No. 6 April 2019 Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local,...
  • Dorothy E. Roberts
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