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Reimagining Law and Policy Affecting Individuals with Substance Use Disorders and Pain Conditions
No full textEngaging Disability Rights Law to Address Harms at Intersection of Race, Disability and SUD
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Privacy Matters: Data Breach Litigation in Japan
Get PDFIn 1890, when Brandeis and Warren wrote The Right to Privacy, Japan did not have a word for privacy. Today, it is closely guarded in Japan: the European Data Protection Board has found privacy protections in Japan “equivalent” to those in the EU. This research explores the evolution of privacy law in Japan, focusing on data breach and the legal rights and obligations associated with it. The writing is broken up into two parts: This article discusses private enforcement of privacy norms, as it is the courts that first established and continue to define privacy rights in Japan. A separate article will address the public law regulation of privacy, including discussion of Japan’s Act on the Protection of Personal Information and its regulatory enforcement. Examining the civil litigation that has defined privacy norms in Japan, one finds three distinct periods: early judicial decisions that create privacy rights by weaving together pre-existing legal doctrines in new ways; a period of expansion where courts recognize a legal injury for disclosure of even basic personal information; and a recent Supreme Court decision that expressly recognizes a remedy for the mental distress that arises from a data breach, even without proof of financial harm. In comparison to the public law cases, one also finds a public law-private law divide. While some Japanese courts in data breach litigation suggest individuals possess a “right to control” their own personal information; in cases involving the central government, one finds no more than a right to the “reasonable handling” of that information. A cross-jurisdiction comparison suggests Japan seeks middle ground. Japanese courts define privacy rights more broadly than in the U.S., but not to the extent found in jurisdictions governed by the GDPR. In doing so, Japanese courts use tort law to balance interests: to compensate plaintiffs; to incentivize defendants’ compliance with industry standards and government regulations; and to reward defendants who implement post-incident remedial measures. The result is a set of legal norms that clearly recognize privacy rights, but also limit damages. These legal norms, in turn, have produced stable market norms that now allow parties to settle most data breach claims. Privacy is no longer a foreign concept in Japan
Should We Reform the Jury? An Australian Perspective
Get PDFJury trials are a necessary part of American and Australian jurisprudence. However, critics question whether both jurisdictions should consider eliminating or reforming jury trials. High-profile jury cases in Australia and the United States elicit criticism regarding the ongoing relevance of the institution. Jury trials function differently in both countries and hold different levels of public trust in the institution. Despite the criticisms of jury trials, neither country has engaged in serious conversations to abolition this ancient institution. This article discusses the trials of Lindy Chamberlain and Cardinal George Pell, placing the use of criminal jury trial in their ancient English historical perspective demonstrating the evolutionary nature of criminal jury trials. Despite the recognized importance of citizen participation in the criminal justice system, there have been constant changes to the jury trial as Anglo-American societies try to mitigate unjust results in criminal jury trials. Some injustices seem to flow from media involvement for or against the accused. Judges may make an active effort to protect juries and by proxy defendants. Jury trials are the preferred Anglo-American means of deciding criminal cases since jurors are viewed as a democratic representation of society. However, does that mean the decisions of jury trials should be treated as inviolable? Due to issues of mistrial by actions of the jury, appeals against their verdicts have been allowed in Australia since 1912; however, appellate judges have been reluctant to upset jury verdicts. This article addresses whether jury practice should be reformed to reduce verdicts that convict the innocent and how the jury process should be reformed. This article’s primary recommendation is that jury panels receive additional education before they begin criminal trials
Transportation Racism and State-Created Danger: A Civil Rights Litigation Strategy for Pedestrians Harmed by Traffic Violence
Get PDFPedestrian fatality rates in the United States are markedly high compared to peer nations and are on the rise. The distribution of these deaths shows an alarming racial gap: Black pedestrians are twice as likely to be killed compared to white pedestrians. One significant factor that explains the disparity is the greater presence of wide, high-speed roads—built to move traffic quickly at the expense of pedestrian safety—in Black neighborhoods. In some cases, there is evidence that governments intentionally placed roads through and around Black neighborhoods for racially discriminatory reasons.
This Comment argues that a pedestrian harmed or killed by a vehicle on a dangerously designed road may have a successful state-created danger claim against the municipality under 42 U.S.C. § 1983 if they can prove affirmative conduct, proximate cause, and deliberate indifference. Such claims might be successful where the municipality has affirmatively chosen to place a dangerous road with racially discriminatory motivations
