The American Psychological Association's amicus curiae brief inPrice Waterhouse v. Hopkins

The use of amicus curiae briefs to inform the courts about the scientific literature requires merging scientific and legal perspectives. A brief submitted by the APA inPrice Waterhouse v. Hopkins (1989) demonstrates how the values of the legal system can predominate over the values of science. The brief differed from a scientific review in three ways: (1) selective use of theories only when they supported the brief's position, (2) acceptance of Hopkins's contention concerning disputed facts, and (3) incomplete representation of the empirical literature. This article examines four of the main arguments in the brief. Half of the 33 studies cited in the brief for these arguments offered no support for the brief's position. In addition, the brief made no mention of a substantial body of research (78 studies) that directly contradicts these arguments.The authors would like to thank Ralph Alexander, Terri Baumgardner, Dennis Doverspike, Rick DeShon, Jan Dorsett, Lynn Kahney, Paul Levy, Robert Lord, Karen Maher, Marty Murphy, Jackie Szmania, and Linda Subich for their comments.     

美国“法庭之友“制度中的外国和美国政府

美国"法庭之友"制度是美国诉讼程序中的一项重要制度,本文在对此制度进行相关介绍的基础上,阐明了外国作为"法庭之友"参与美国法院诉论程序的由来、规则与实践,同时也论述了美国联邦政府作为"法庭之友"的规则和特殊性.     

A new definition of privacy for the law

The paper begins with a defence of a new definition of privacy as the absence of undocumented personal knowledge. In the middle section, I criticise alternative accounts of privacy. Finally, I show how my definition can be worked into contemporary American Law.     

论侵犯患者隐私权的法律责任

患者隐私权是应当受到保护的一种人格权利,但在医疗和医学教学活动中侵犯患者隐私权的事件时有发生,以至于患者和医护人员对簿公堂,因此对患者隐私权予以法律保护具有重要意义。在医疗活动和医学教学活动中,如何保护患者隐私权、在法律规定上如何将个人隐私权作为一项独立的人格权加以保护,应进行必要的思考和提出相应的对策。     

Intellectual property strategies for US security and privacy

Legal context. Some state legislatures are considering billswhich would require those applying for a driver’s licenceto provide one or more biometric identifiers. The US federalgovernment is tending towards eavesdropping on conversationsand investing in data mining efforts while on the other handanti "big-brother" technologies are also emerging to counterthis trend and protect privacy. The demand for technology toprotect privacy will no doubt increase as the demand for defenceand security spending increases. We also live in a world wherebioterrorist acts are a constant threat and therefore demandfor biological detection devices and nanotechnology is growingdaily. Key points. Current technology advances in biometrics, surveillance,biological detection and nanotechnology can be used both toprotect and to jeopardize the security and privacy of individuals.As such, the importance of intellectual property in these areascannot be underestimated. Practical significance. Companies are advised to ‘go onthe offensive’. All companies should aggressively protecttheir core technology in numerous facets such as patent protection,copyright, trade marks and trade secrets. In the high tech arenathis is especially important because the demand for securityand privacy necessitates the development of advanced applicationsand in turn the quality of protectable IP for the companiesthat develop the technology increases. Additionally, companiesshould also pursue an offensive strategy that includes analyzingemerging standards and competitor focus so that they can acquirea competitive advantage or secure cross-licensing of another’stechnology.     

The advent of DNA databanks: implications for information privacy

Genetic identification tests -- better known as DNA profiling -- currently allow criminal investigators to connect suspects to physical samples retrieved from a victim or the scene of a crime. A controversial yet acclaimed expansion of DNA analysis is the creation of a massive databank of genetic codes. This Note explores the privacy concerns arising out of the collection and retention of extremely personal information in a central database. The potential for unauthorized access by those not investigating a particular crime compels the implementation of national standards and stringent security measures.