{"title":"Webmail at Work: The Case for Protection Against Employer Monitoring","authors":"M. Sherman","doi":"10.2139/SSRN.978075","DOIUrl":"https://doi.org/10.2139/SSRN.978075","url":null,"abstract":"This paper is about privacy in the workplace. Specifically, I address the issue of employer monitoring of employee email. The law allows employers to monitor their workers' email - even when messages contain private information. However, although the law is clear with respect to employer-provided email, it is not yet defined as to webmail. That is - this paper shows that relevant statutes and court decisions generally have not yet addressed the privacy issues that arise when an employer monitors email sent by an employee via the employee's personal web-based email account. After revealing this webmail gap in the law, I analyze the business, public, and personal policy issues involved. I cast the issue in the broader context of privacy law and societal norms. Finally, the paper concludes with policy suggestions for employers that take into account their legitimate business purposes for monitoring employee email as well as their employees' legitimate privacy concerns.","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"7 1","pages":"6"},"PeriodicalIF":0.0,"publicationDate":"2007-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72658760","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}
{"title":"The Comprehensive Law Movement","authors":"S. Daicoff","doi":"10.1037/10751-007","DOIUrl":"https://doi.org/10.1037/10751-007","url":null,"abstract":"I have done a lot of work on lawyer personality and lawyer distress and dissatisfaction in the legal profession, but I promised I wouldn't talk about that today, that I would only talk about the comprehensive law movement. The first thing I want to say is, welcome to my dream. You are in the middle of a dream come true which started about five years ago when we were sitting at a therapeutic jurisprudence conference. It was David Wexler, Bruce Winick, some others, and me. It was then that I first thought, \"This is a movement, there is a bigger movement here, there are these vectors, and we are all moving toward the same direction, and this is really exciting.\" There was talk about maybe having a series of conferences or summits and getting all of these vectors together, all of these people together. And the next piece of the dream was to start talking to practicing lawyers who are discontented and talk about the options and explain that maybe there is an alternative. And look at all of you, you are all here, so welcome to my dream.","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"153 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88135387","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}
Touro law reviewPub Date : 2000-01-01DOI: 10.14217/9781848598720-10-en
D. Waldmann
{"title":"Search and Seizure","authors":"D. Waldmann","doi":"10.14217/9781848598720-10-en","DOIUrl":"https://doi.org/10.14217/9781848598720-10-en","url":null,"abstract":"","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"56 1","pages":"42"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90672991","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}
Touro law reviewPub Date : 2000-01-01DOI: 10.4135/9781483302799.n325
S. Clark
{"title":"Search and Seizure","authors":"S. Clark","doi":"10.4135/9781483302799.n325","DOIUrl":"https://doi.org/10.4135/9781483302799.n325","url":null,"abstract":"","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"151 1","pages":"41"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89085916","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}
Touro law reviewPub Date : 2000-01-01DOI: 10.4135/9781412952415.n174
C. Foote
{"title":"Search and Seizure","authors":"C. Foote","doi":"10.4135/9781412952415.n174","DOIUrl":"https://doi.org/10.4135/9781412952415.n174","url":null,"abstract":"","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"44 1","pages":"39"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78746411","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}
Touro law reviewPub Date : 2000-01-01DOI: 10.5040/9781580815628.p01
Edward Callaghan
{"title":"Speech and Debate","authors":"Edward Callaghan","doi":"10.5040/9781580815628.p01","DOIUrl":"https://doi.org/10.5040/9781580815628.p01","url":null,"abstract":"","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"08 1","pages":"44"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85519223","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}
{"title":"Concert of Action by Substantial Assistance: What Ever Happened to Unconscious Aiding and Abetting","authors":"E. Neacsu","doi":"10.7916/D84X5JDG","DOIUrl":"https://doi.org/10.7916/D84X5JDG","url":null,"abstract":"As one commentator has uncomfortably noted, in the 1980's, courts seemed inclined to develop and use theories of liability, which ensured that the risk of injury and loss was transferred from consumer victims to manufacturers and then, through the price mechanism, to the community-at-large. That was a time when courts seemed to be comfortable applying product liability without fault, and holding manufacturers as \"insurers even for those products, which previously would not have been considered 'defective' in design, in manufacture, or in marketing.\"2 Products liability, in the ensuing decade, has lost its nerve,3 or more accurately, the courts charged with responsibility to do justice in such circumstances have scaled the doctrine back, as well as some of the collateral doctrines necessary to accomplish its objectives.","PeriodicalId":83351,"journal":{"name":"Touro law review","volume":"2 1","pages":"25-44"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81875642","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}
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