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Privacy Torts

By David A. Elder

Last Updated: 6/10/2011

Availability: In Stock

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Brand: Clark Boardman Callaghan

Components: 1 Print

Free Update Period: 90 days

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Binder/Looseleaf

List Price:

$239.00

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Description

This text analyzes these privacy torts, including intrusion upon seclusion, public disclosure of private facts, false light in the public eye, breaches of fiduciary duties, duties to confidentiality, and misappropriation. You will find comprehensive, practice-oriented material throughout the treatise. Includes research references, a table of cases, an index and a statutory appendix.

Replaces The Law of Privacy (1991).

Features

Research references help you locate authority quickly
Thorough coverage on the law of privacy torts

Summary Of Contents

Chapter

Introduction

Brief overview
The oral publication limitation
The personal nature of the privacy action
Privacy rights of business and associational entities

Intrusion Upon Seclusion
- Intrusion upon seclusion-General introduction Intent and malice
- Intrusion upon seclusion v. intentional infliction of emotional distress-A comparison
- Publication
- Actionable physical or locational intrusions
- Actionable highly offensive non-trespassory intrusions
- The "public"-"private" dichotomy and the concept of a "reasonable expectation of privacy"
- The requirement of an actual intrusion or invasion Liability for acts of third parties-Aiding and abetting, etc.
- Damage remedies for actionable intrusions
- Injunctive relief
- Consent or waiver
- Qualified privilege
- Absolute privilege-Judicial proceedings
- Judicially compelled disclosures and legislatively authorized investigations
- Absolute and qualified privileges of executive officers of federal and state government
- Public records
- The rights and responsibilities of media defendants
- Wiretapping, electronic surveillance, peeping toms, eavesdropping and mail interception
- Obtaining, disclosure and discussion of confidential medical information; issues of genetic privacy
- Creditors and debt collection agencies
- Professional investigators and surveillance and stalking
- Job-related racial and sexual harassment
- Intrusions upon prisoners' and psychiatric inmates' privacy
- Interferences with marital and family relationships
- Initiation of and participation in judicial proceedings
- Use of names
- Searches of patrons and precipitated arrests by store personnel
- Landlord-tenant disputes
- Employer-employee relationships
Public Disclosure of Private Facts

Truth and malice
Public disclosure of private facts v. intentional infliction of emotional distress-A comparison
The publicity requirement
The identification requirement
The private facts requirement
The highly offensive requirement
The fault requirement in public disclosure cases
Remedies
Consent or waiver
Qualified or conditional privileges
Publications by executive and legislative officers of government
Absolute privilege for legally compelled disclosures
Absolute privilege for judicial proceedings
Church disciplinary proceedings
Public records
Public personages-Public officials and employees, candidates for public office, and other public figures
The public interest-Newsworthiness limitation
Newsworthiness and the passage of time
Cox Broadcasting Corp. v. Cohn and its progeny

False Light in the Public Eye

False light-An introduction
False light-A comparison with the three other subgroupings of privacy
The requirement of publicity
The identification requirement
The substantial falsity and highly offensive requirement-General rules.
Remedies-Damages
False light and the common law and statutory requirements of defamation for proof of special damages
Waiver or consent
Qualified privilege
Absolute privilege-Judicial proceedings
Executive officials
False light and the fair report privilege
Applicable first amendment standards
False light, defamation and use of hidden cameras and deception: a proposal for establishing constitutional malice

Breaches of Fiduciary Duties and Duties of Confidentiality

Introduction
Liability of physicians and psychotherapists for breaches of confidentiality
Banking and lending institutions

Misappropriation

The appropriation-publicity tort-ln general
Cases involving appropriation of name, picture or portrait to advertise a product, promote a business or otherwise financially benefit the defendant
Non-commercial appropriations
Appropriation of identity-Definitional coverage
Identification
Consent, waiver and abandonment
Descendibility and inheritability of the right of publicity
The incidental use exception
The newsworthiness-public interest limitation
Absence of commercial appropriation
The "ad in disguise" exception to newsworthiness Forfeiture by falsification or fictionalization
First amendment limitations
Damages
Injunctive relief

Filing and Shelving Instructions

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* This full set is available for Monthly Book Pricing Update your set: Enter the date your set was last updated: (MM/DD/YYYY) Select individual volumes or pocket parts: Item # Select Available Date Description Price 1 Available 6/16/2008 Privacy Torts Binder & Contents $184.00 Clear All Selections »