Law & Society: Private Law - Contracts eJournal最新文献_第4页

When Database Queries are Fourth Amendment Searches 当数据库查询是第四修正案搜索时

Law & Society: Private Law - Contracts eJournal Pub Date : 2017-01-10 DOI: 10.2139/SSRN.2902635

E. Berman

{"title":"When Database Queries are Fourth Amendment Searches","authors":"E. Berman","doi":"10.2139/SSRN.2902635","DOIUrl":"https://doi.org/10.2139/SSRN.2902635","url":null,"abstract":"Due to limits on the scope of the Fourth Amendment and numerous exceptions to its warrant requirement, Fourth Amendment doctrine permits the government to collect a great deal of information about Americans with limited constitutional constraints. Both courts and commentators have recognized that this vast collection authority raises significant privacy concerns. The conventional response has been to suggest various modifications to the existing information-collection rules. Data collection, however, is only one part of the problem. The government’s post-collection use of information alone can—and often does—have equally disturbing privacy implications. The most troubling example has been labeled the “aggregation problem.” The aggregation and analysis of data in the government’s possession actually can result in revelations that could not have been gleaned from viewing those data in isolation. This article argues that, as a result, collection-focused solutions to privacy concerns—while valuable—are alone insufficient. They must be supplemented by rules regarding the government’s use of information. Where broad collection authority combines with the capacity to aggregate data in ways that reveal new information, the extraction of that information should be subject to constitutionally based limits. Specifically, this article focuses on one such extraction tool: database “queries.” When queries about U.S. persons are reasonably likely to expose knowledge about those individuals discoverable only by aggregating multiple pieces of data, such queries should be considered searches regulated by the Fourth Amendment. Both the purpose of the Fourth Amendment and the intrusive nature of the information that such queries can reveal support this conclusion. And while such an expansion of Fourth Amendment doctrine is no small undertaking, the Foreign Intelligence Surveillance Court’s oversight of government surveillance programs already provides a blueprint for how to implement this regulation.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134562332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers 对与消费者签订的标准协议形式的抽象控制的新波兰模式的审查

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-12-31 DOI: 10.7172/1689-9024.YARS.2016.9.14.12

Paulina Korycińska-Rządca

{"title":"Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers","authors":"Paulina Korycińska-Rządca","doi":"10.7172/1689-9024.YARS.2016.9.14.12","DOIUrl":"https://doi.org/10.7172/1689-9024.YARS.2016.9.14.12","url":null,"abstract":"The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134550412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Excessive Contractual Penalties in Football 足球合同中过多的处罚

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-11-18 DOI: 10.2139/SSRN.2872151

D. Mavromati

引用次数: 0

How to Secure Contractual Obligations in Common and Civil Law 如何在普通法和民法中确保合同义务

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-11-17 DOI: 10.2139/SSRN.2871431

J. Dalhuisen

引用次数: 0

Purchaser's Damages for Breach of Contract 买方违约损害赔偿

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-11-01 DOI: 10.2139/SSRN.2895792

R. Bernhardt

引用次数: 0

Trade Usages in ICC Arbitration 国际商会仲裁中的贸易惯例

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-10-06 DOI: 10.1093/acprof:oso/9780199916016.003.0010

Emmanuel Bernard Jolivet, G. Marchisio, F. Gélinas

引用次数: 0

Empowering the Victims of Corruption: The Potential of Sleeping Third-Party Beneficiary Clauses 赋予腐败受害者权力:沉睡的第三方受益人条款的潜力

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-09-01 DOI: 10.2139/ssrn.3088964

Abiola O. Makinwa

{"title":"Empowering the Victims of Corruption: The Potential of Sleeping Third-Party Beneficiary Clauses","authors":"Abiola O. Makinwa","doi":"10.2139/ssrn.3088964","DOIUrl":"https://doi.org/10.2139/ssrn.3088964","url":null,"abstract":"This paper proposes that third-party beneficiary clauses, rights ius quaesitum tertio, can be used to create platforms for private actor intervention in the fight against corruption that can help to shape an environment that discourages corruption in a self-regulatory manner. By linking those who bear the brunt of the negative consequences of corruption to public contracts tainted by corruption, third-party beneficiary clauses would give victims of corruption a seat at the table, a right to sue and a right to be engaged in the sanctioning processes with regard to such corrupt transactions. This approach can also act as a check on the actions of government officials and corporations by increasing the risk they incur through corrupt activity. However, there are good reasons for rules of standing; the machinery of justice may break down under the weight of a multiplicity of claims or, worse, an onslaught of frivolous claims. This paper therefore proposes that it is possible to provide third party redress, while also providing mechanisms to avoid encouraging excessive litigation, through establishing a sleeping third-party beneficiary clause in procurement contracts. Such clauses remain dormant unless the third party can demonstrate evidence of corrupt activity relating to the award of a specific contract. A threshold of evidence of corruption or fraud can be defined that will trigger the clause into operation, upon which it automatically comes into effect, making the identified third-party beneficiaries parties to the contract and giving them standing to sue on the contract. Ultimately, such a clause would be most successful if the specter of direct intervention discourages corruption so effectively that the clause is in fact never triggered into operation.","PeriodicalId":129207,"journal":{"name":"Law & Society: Private Law - Contracts eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129617135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Beyond the Real and the Paper Deal: The Quest for Contextual Coherence in Contractual Interpretation 超越现实与纸面交易:寻求契约解释中的语境一致性

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-07-01 DOI: 10.1111/1468-2230.12203

Z. Tan

引用次数: 3

Injunctive Relief: But Let's Agree Not to Have it? 禁令救济:但让我们同意不要它?

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-05-01 DOI: 10.1111/1468-2230.12192

L. Ho

引用次数: 0

Similarity in Bond Covenants 债券契约的相似性

Law & Society: Private Law - Contracts eJournal Pub Date : 2016-04-14 DOI: 10.2139/ssrn.2288723

Gus De Franco, Florin P. Vasvari, Dushyantkumar Vyas, Regina Wittenberg Moerman

引用次数: 6