leslie reis - Academia.edu (original) (raw)

Papers by leslie reis

The John Marshall Journal of Information Technology & Privacy Law, 2005

The John Marshall Journal of Information Technology & Privacy Law, 2008

PubMed, 2004

The physician-patient privilege allows a patient to prevent his or her physician from revealing i... more The physician-patient privilege allows a patient to prevent his or her physician from revealing in court, as a witness, confidential information communicated to the physician during the course of professional treatment. 2 ScoTr N. STONE & ROBERT K. TAYLOR, TESTIMONIAL PRIVILEGES, §7.01 at 7 (2d ed. McGraw-Hill 1995). The right to assert the privilege generally belongs solely to the patient who may waive it even when the physician would rather not testify to matters revealed during the course of treatment. Id. at 8. 3. See Whalen v. Roe, 429 U.S. 589, 602 n.28 (1977) (noting that "physician-patient privilege is unknown to the common law"); Patterson v. Caterpillar, Inc., 70 F.3d 503, 506-07 (7th Cir. 1995) (stating that federal common law does not recognize physician-patient privilege); Gilbreath v. Guadalupe Hosp. Found., 5 F.3d 785, 791 (5th Cir. 1993) (concluding that physician-patient privilege does not exist under federal law). 4. 277 U.S. 438 (1928). 5. Id. at 472. 6. Id. at 473 (quoting Weems v. U.S., 217 U.S. 349,373 (1910)). 7. Specifically, absent a federal physician-patient privilege, physicians can' be compelled by a federal court to give testimony, based on' information they obtained thi'ough confidential communications with their patientsinformation that might be beneficial in court proceedings, but could be damaging to their patients. STONE & TAYLOR, supra note 2, at 7.

The John Marshall Journal of Information Technology & Privacy Law, 2012

The John Marshall Journal of Information Technology & Privacy Law, 2005

Government Information Quarterly, 1997

The Reporters Committee for Freedom of the Press submitted these comments in response to the Pate... more The Reporters Committee for Freedom of the Press submitted these comments in response to the Patent and Trademark Office's request for comments on the Chairman's text of the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions, to be held in Geneva from December 2 to 20, 1996.' The Reporters Committee for Freedom of the Press is a voluntary, unincorporated association of print and broadcast news reporters and editors established in 1970 to defend the First Amendment and freedom of information interests of the news media. It is greatly concerned that the August 30, I996 proposed Treaty on Intellectual Property in Respect of Databases* could create new barriers to journalists in their efforts to gather and cover the news. In our view, the proposed treaty flies in the face of traditional U.S. copyright law and is fundamentally antithetical to the First Amendment. The proposal could create a new property right in the factual information contained in databases, a property right that far exceeds current copyright protections that today only protect creative endeavor. If approved, this treaty would limit access to and use of information, including government information, that has previously been in the public domain.

The Journal of Academic Librarianship, Mar 1, 1997

A Treaty on Intellectual Property in Respect of databases was proposed on August, 1996. This prop... more A Treaty on Intellectual Property in Respect of databases was proposed on August, 1996. This proposal could create a new property right in the factual information contained in databases, a property right that far exceeds current copyright protections that today only protect creative endeavor. If approved, this treaty would limit access to and use of information, including governement information, that has previously been in the public domain

Social Science Research Network, 2005

... 2005, the Government Accountability Office ("GAO") re-leased a comprehensive report... more ... 2005, the Government Accountability Office ("GAO") re-leased a comprehensive report analyzing the issues raised by the in-creasing use of electronic voting systems.22 The report states that "significant concerns about the security and reliability of electronic vot-ing systems ...

The John Marshall Journal of Information Technology & Privacy Law, 1995

BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to ai... more BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to air the videotape of the Rodney King beating before they knew who actually owned the videotape. 6 The videotape was newsit was socially important and many news managers felt compelled to get it on the air as soon as possible. 7 So, in many instances, news managers did not obtain permission from the videographer before they aired the tape. This lead to charges that the videographer's copyright s was violated. 9 Copyright or freedom of the pressbroadcasters may need to make the choice. There may be occasions when news managers feel an obligation 10 to exercise their First Amendment" right to inform the public about a particular news event 12 and feel compelled to use unauthorized material in order to tell that story effectively. 13 Thus, on occasion, broadcasters may intentionally violate copyright law 14 by airing someone's videotape without authorization. 15 In order to accommodate the broadcaster's First Amendment right or obligation, the law has permitted the press to make some reasonable yet unauthorized uses of material that would otherwise be protected under copyright law through what has become known as the Fair Use Doctrine. 16

SSRN Electronic Journal, 2004

In crafting new paradigms to balance the often competing demands of technological advancement and... more In crafting new paradigms to balance the often competing demands of technological advancement and privacy, it is critical to treat the issue from an international perspective. Differences in politics, culture and even views regarding the benefits of certain technological advances argue against the creation of a truly universal paradigm. Using the differing treatment of individual privacy and service provider liability as analytical paradigms, this article contends that the lack of international standards at this time might not be so problematic as appears at first glance. Regulation before a particular technology is understood can result in over- or under- protection of privacy rights. Moreover, the present lack of international standards allows for greater experimentation in crafting acceptable boundaries in privacy protection, including, critically, focusing on greater consumer awareness of the intersections between technology and privacy. The international implications of the intersections between technology and privacy will only continue to grow. Part of the solution is to begin to create an international dialogue with a goal to establishing a middle ground and to include multinational organizations as part of the dialogue.

The John Marshall Journal of Information Technology & Privacy Law, 2008

This introduction describes information convergence, the subject of the Symposium presented at Th... more This introduction describes information convergence, the subject of the Symposium presented at The John Marshall Law School by The Center for Information Technology and Privacy Law and The Center for Intellectual Property Law. The introduction previews the speeches and presentations given at the Symposium and featured in this issue of the Journal

The John Marshall Journal of Information Technology & Privacy Law, 2012

The John Marshall Journal of Information Technology & Privacy Law, 1995

BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to ai... more BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to air the videotape of the Rodney King beating before they knew who actually owned the videotape. 6 The videotape was newsit was socially important and many news managers felt compelled to get it on the air as soon as possible. 7 So, in many instances, news managers did not obtain permission from the videographer before they aired the tape. This lead to charges that the videographer's copyright s was violated. 9 Copyright or freedom of the pressbroadcasters may need to make the choice. There may be occasions when news managers feel an obligation 10 to exercise their First Amendment" right to inform the public about a particular news event 12 and feel compelled to use unauthorized material in order to tell that story effectively. 13 Thus, on occasion, broadcasters may intentionally violate copyright law 14 by airing someone's videotape without authorization. 15 In order to accommodate the broadcaster's First Amendment right or obligation, the law has permitted the press to make some reasonable yet unauthorized uses of material that would otherwise be protected under copyright law through what has become known as the Fair Use Doctrine. 16

The John Marshall Journal of Information Technology & Privacy Law, 2005

The John Marshall Journal of Information Technology & Privacy Law, 2008

The John Marshall Journal of Information Technology & Privacy Law, 2012

GRAND OUT PATIENT CENTER Defendant-Appellee.) I. INTRODUCTION This case is an appeal by Ramon Jac... more GRAND OUT PATIENT CENTER Defendant-Appellee.) I. INTRODUCTION This case is an appeal by Ramon Jacques ("Plaintiff-Appellant") of the order of the First District Court of Appeals affirming the trial court's decision to quash a subpoena for the medical information of a "John Doe" defendant based upon a state law that prohibited the disclosure of medical information except in limited circumstances; and a cross-appeal by Grand Out Patient Center ("Defendant-Appellee") of the order of the Court of Appeals reversing the order of the trial court granting summary judgment to Defendant-Appellee and dismissing Plaintiff-Appellant's one-count complaint for public disclosure of a private fact. PROCEDURAL HISTORY The Circuit Court found Plaintiff-Appellant's treatment for alcohol abuse was a private fact and that publication of the treatment could be

The John Marshall Journal of Information Technology & Privacy Law, 2005

The John Marshall Journal of Information Technology & Privacy Law, 2008

PubMed, 2004

The physician-patient privilege allows a patient to prevent his or her physician from revealing i... more The physician-patient privilege allows a patient to prevent his or her physician from revealing in court, as a witness, confidential information communicated to the physician during the course of professional treatment. 2 ScoTr N. STONE & ROBERT K. TAYLOR, TESTIMONIAL PRIVILEGES, §7.01 at 7 (2d ed. McGraw-Hill 1995). The right to assert the privilege generally belongs solely to the patient who may waive it even when the physician would rather not testify to matters revealed during the course of treatment. Id. at 8. 3. See Whalen v. Roe, 429 U.S. 589, 602 n.28 (1977) (noting that "physician-patient privilege is unknown to the common law"); Patterson v. Caterpillar, Inc., 70 F.3d 503, 506-07 (7th Cir. 1995) (stating that federal common law does not recognize physician-patient privilege); Gilbreath v. Guadalupe Hosp. Found., 5 F.3d 785, 791 (5th Cir. 1993) (concluding that physician-patient privilege does not exist under federal law). 4. 277 U.S. 438 (1928). 5. Id. at 472. 6. Id. at 473 (quoting Weems v. U.S., 217 U.S. 349,373 (1910)). 7. Specifically, absent a federal physician-patient privilege, physicians can' be compelled by a federal court to give testimony, based on' information they obtained thi'ough confidential communications with their patientsinformation that might be beneficial in court proceedings, but could be damaging to their patients. STONE & TAYLOR, supra note 2, at 7.

The John Marshall Journal of Information Technology & Privacy Law, 2012

The John Marshall Journal of Information Technology & Privacy Law, 2005

Government Information Quarterly, 1997

The Reporters Committee for Freedom of the Press submitted these comments in response to the Pate... more The Reporters Committee for Freedom of the Press submitted these comments in response to the Patent and Trademark Office's request for comments on the Chairman's text of the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions, to be held in Geneva from December 2 to 20, 1996.' The Reporters Committee for Freedom of the Press is a voluntary, unincorporated association of print and broadcast news reporters and editors established in 1970 to defend the First Amendment and freedom of information interests of the news media. It is greatly concerned that the August 30, I996 proposed Treaty on Intellectual Property in Respect of Databases* could create new barriers to journalists in their efforts to gather and cover the news. In our view, the proposed treaty flies in the face of traditional U.S. copyright law and is fundamentally antithetical to the First Amendment. The proposal could create a new property right in the factual information contained in databases, a property right that far exceeds current copyright protections that today only protect creative endeavor. If approved, this treaty would limit access to and use of information, including government information, that has previously been in the public domain.

The Journal of Academic Librarianship, Mar 1, 1997

A Treaty on Intellectual Property in Respect of databases was proposed on August, 1996. This prop... more A Treaty on Intellectual Property in Respect of databases was proposed on August, 1996. This proposal could create a new property right in the factual information contained in databases, a property right that far exceeds current copyright protections that today only protect creative endeavor. If approved, this treaty would limit access to and use of information, including governement information, that has previously been in the public domain

Social Science Research Network, 2005

... 2005, the Government Accountability Office ("GAO") re-leased a comprehensive report... more ... 2005, the Government Accountability Office ("GAO") re-leased a comprehensive report analyzing the issues raised by the in-creasing use of electronic voting systems.22 The report states that "significant concerns about the security and reliability of electronic vot-ing systems ...

The John Marshall Journal of Information Technology & Privacy Law, 1995

BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to ai... more BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to air the videotape of the Rodney King beating before they knew who actually owned the videotape. 6 The videotape was newsit was socially important and many news managers felt compelled to get it on the air as soon as possible. 7 So, in many instances, news managers did not obtain permission from the videographer before they aired the tape. This lead to charges that the videographer's copyright s was violated. 9 Copyright or freedom of the pressbroadcasters may need to make the choice. There may be occasions when news managers feel an obligation 10 to exercise their First Amendment" right to inform the public about a particular news event 12 and feel compelled to use unauthorized material in order to tell that story effectively. 13 Thus, on occasion, broadcasters may intentionally violate copyright law 14 by airing someone's videotape without authorization. 15 In order to accommodate the broadcaster's First Amendment right or obligation, the law has permitted the press to make some reasonable yet unauthorized uses of material that would otherwise be protected under copyright law through what has become known as the Fair Use Doctrine. 16

SSRN Electronic Journal, 2004

In crafting new paradigms to balance the often competing demands of technological advancement and... more In crafting new paradigms to balance the often competing demands of technological advancement and privacy, it is critical to treat the issue from an international perspective. Differences in politics, culture and even views regarding the benefits of certain technological advances argue against the creation of a truly universal paradigm. Using the differing treatment of individual privacy and service provider liability as analytical paradigms, this article contends that the lack of international standards at this time might not be so problematic as appears at first glance. Regulation before a particular technology is understood can result in over- or under- protection of privacy rights. Moreover, the present lack of international standards allows for greater experimentation in crafting acceptable boundaries in privacy protection, including, critically, focusing on greater consumer awareness of the intersections between technology and privacy. The international implications of the intersections between technology and privacy will only continue to grow. Part of the solution is to begin to create an international dialogue with a goal to establishing a middle ground and to include multinational organizations as part of the dialogue.

The John Marshall Journal of Information Technology & Privacy Law, 2008

This introduction describes information convergence, the subject of the Symposium presented at Th... more This introduction describes information convergence, the subject of the Symposium presented at The John Marshall Law School by The Center for Information Technology and Privacy Law and The Center for Intellectual Property Law. The introduction previews the speeches and presentations given at the Symposium and featured in this issue of the Journal

The John Marshall Journal of Information Technology & Privacy Law, 2012

The John Marshall Journal of Information Technology & Privacy Law, 1995

BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to ai... more BEYOND FAIR USE ramifications of those decisions. 5 For example, many news managers decided to air the videotape of the Rodney King beating before they knew who actually owned the videotape. 6 The videotape was newsit was socially important and many news managers felt compelled to get it on the air as soon as possible. 7 So, in many instances, news managers did not obtain permission from the videographer before they aired the tape. This lead to charges that the videographer's copyright s was violated. 9 Copyright or freedom of the pressbroadcasters may need to make the choice. There may be occasions when news managers feel an obligation 10 to exercise their First Amendment" right to inform the public about a particular news event 12 and feel compelled to use unauthorized material in order to tell that story effectively. 13 Thus, on occasion, broadcasters may intentionally violate copyright law 14 by airing someone's videotape without authorization. 15 In order to accommodate the broadcaster's First Amendment right or obligation, the law has permitted the press to make some reasonable yet unauthorized uses of material that would otherwise be protected under copyright law through what has become known as the Fair Use Doctrine. 16

The John Marshall Journal of Information Technology & Privacy Law, 2005

The John Marshall Journal of Information Technology & Privacy Law, 2008

The John Marshall Journal of Information Technology & Privacy Law, 2012

GRAND OUT PATIENT CENTER Defendant-Appellee.) I. INTRODUCTION This case is an appeal by Ramon Jac... more GRAND OUT PATIENT CENTER Defendant-Appellee.) I. INTRODUCTION This case is an appeal by Ramon Jacques ("Plaintiff-Appellant") of the order of the First District Court of Appeals affirming the trial court's decision to quash a subpoena for the medical information of a "John Doe" defendant based upon a state law that prohibited the disclosure of medical information except in limited circumstances; and a cross-appeal by Grand Out Patient Center ("Defendant-Appellee") of the order of the Court of Appeals reversing the order of the trial court granting summary judgment to Defendant-Appellee and dismissing Plaintiff-Appellant's one-count complaint for public disclosure of a private fact. PROCEDURAL HISTORY The Circuit Court found Plaintiff-Appellant's treatment for alcohol abuse was a private fact and that publication of the treatment could be