January 26, 1999

To: CLS Class

From: Nicholas Johnson

Re: January 27, 1999 Class


1. If you have not yet completed all the assignments (see, e.g., the class Web site and January 19 memo among other things) please do so promptly.

2. Tomorrow evening will be conventional seminar presentations/discussion (i.e., we will meet in Room 125, not the computer lab).

3.  The list for last week is appended.  If you did not present then, you will this week.  As I look at the list, I think we pick up with, perhaps, some additional presentation by Kalinsky of Karn, and then continue on down the list. Because Gray and Kuli were not there (and both may be drops), I am re-assigning their cases: Brick please prepare Davis v. Gracey, and Bryant please pick up In the Matter of Quad/Graphics, Inc.  You will present after we have heard from the last on the list from last week (Wosmek on Options for Promoting Privacy on the NII).  (If anyone has been left out it is inadvertent; consider yourself up Wednesday evening.)

4. Following the last privacy presentation let's see if we can make any sense (e.g., general rules, trends) out of these cases. (This means, of course, that those who presented last week will need to refresh their memories of their cases.) To what extent do they represent sort of no-brainer applications of traditional privacy law to a new context that isn't really that different from the old?  (And, not incidentally, what is some of that "traditional privacy law"?) To what extent have they required lawyers/courts to formulate truly innovative responses to genuinely new situations/technologies?  What insight does this kind of analysis give you in surveying/picking/refining your own paper topic?

5. Finally, the last page of this memo provides a new set of cases/assignments in the chance we dispose of privacy before the evening is over. 

Cyberlaw Privacy Case Assignments

Note: Cases available from the David Loundy "E-Law Locator" page, URL: http://www.Loundy.com/E-LAW_Links.html#privacy

Baek, Misook            Smyth v. Pillsbury

Brick, Matt                2600 Case ("Documents Available" from EPIC)
 
Bryant, Armikka        A.C.L.U. v. Miller

Davis, Connie            Andersen Consulting LLP v. UOP

Fitzgerald, Kelly         Bernstein v. U.S. Department of State

Graham, Bradley        Bourke v. Nissan (unreported).

Grey, Celia                Davis v. Gracey

Kalinsky, Robert        Karn v. U.S. Department of State

Kruger, Scott             McVeigh v. Cohen

Kuli, Rumi                 In the Matter of Quad/Graphics, Inc. v. Southern

Neal, Steve                State ex rel. Wilson-Simmons v. Lake County

Oliver, Lauren            Stern v. Delphi (right of publicity)

Perkins, John             Steve Jackson Games v. U.S. Secret Service

Solberg, Sean             Electronic Communications Privacy Act of 1986

Wilson, Kenneth        EU Database Directive

Wosmek, Carl           Options for Promoting Privacy on the NII

Cyberlaw Tort Case Assignments

Note: Cases available from the David Loundy "E-Law Locator" page, URL:
http://www.Loundy.com/E-LAW_Links.html#tortious_speech

Davis             Peter Swanson's Jake Baker page at the University of Michigan

Fitzgerald       The Baker case decision

Graham         Beussink v. Woodland R-IV School District

Kalinsky        Blumenthal v. Drudge

[more to come for next week]