Privacy

Prosser’s Privacy and the German Right of Personality: Are Four Privacy Torts Better than One Unitary Concept?

12 Feb 2011 03:08pm Paul M. Schwartz, Karl-Nikolaus Peifer 

At the fiftieth anniversary of Prosser‘s Privacy, this Article takes a comparative approach in assessing his accomplishments. Germany‘s legal system offers a fitting point of comparison because of its well-developed privacy law as well as its rich media landscape with similar kinds of invasions of privacy. Moreover, the United States and Germany share a Western cultural focus regarding the importance of the individual and the significance of permitting each person to use self-determination in forming her life.

Privacy Torts: Unreliable Remedies for LGBT Plaintiffs

12 Feb 2011 03:03pm Anita L. Allen 

Lesbian, gay, bisexual and transgender Americans have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appeal to the right to privacy. In the constitutional arena they have experienced noteworthy success, winning rights to same-sex intimacy and, in some states, marriage. Several authors have argued that the privacy tort is a potentially useful remedy for LGBT plaintiffs. Yet the theoretically useful remedy has often been a practical disappointment.

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