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Andrew Jay McClurg

Bio: Andrew Jay McClurg is an academic researcher from University of Memphis. The author has contributed to research in topics: Tort & Gun control. The author has an hindex of 7, co-authored 34 publications receiving 143 citations. Previous affiliations of Andrew Jay McClurg include University of Notre Dame & Florida International University.
Topics: Tort, Gun control, Common law, Fallacy, Argument

Papers
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Posted Content
TL;DR: In this article, the authors propose a redefinition of the privacy tort known as "intrusion" (as incorporated in the Restatement (Second) of Torts) that would allow recovery for highly offensive instances of intrusions in public places.
Abstract: “Public privacy” sounds like an oxymoron, but this article asserts a tort theory to enforce just such a right under limited circumstances. Traditionally, courts have refused to recognize a right to privacy in a public place. The author argues that this lack of protection needs to be revisited in a world where good taste and decency have vanished from journalism/entertainment and video cameras and other electronic privacy-invading devices have proliferated.Analyzing the three foundations of privacy — secrecy, solitude, and anonymity — the author explains how and why they need, and are worthy of, legal protection even in some public contexts.Specifically, he proposes a redefinition of the privacy tort known as “intrusion” (as incorporated in the Restatement (Second) of Torts) that would allow recovery for highly offensive instances of intrusions in public places. He enlists a multi-factor test to assess the offensiveness of intrusive conduct, a standard that balances privacy interests against the countervailing interests of free social interaction and speech.

16 citations

Journal Article
TL;DR: Fallacious argument is one that appears to be correct and which may be very persuasive, but which proves on closer examination to be logically invalid as mentioned in this paper, which is a sub-species of logic.
Abstract: In a democratic, pluralistic society, action on any issue of social importance depends on acceptance of the action by many different audiences. Acceptance depends on the audiences being persuaded as to the rightness of the action. Persuasion depends on effective rhetoric. Unfortunately, effective rhetoric is often fallacious and logically defective. A fallacy is a type of incorrect argument, and the study of fallacies is a sub-species of logic. A fallacious argument is one that appears to be correct and which may be very persuasive, but which proves on closer examination to be logically invalid. In this article, the author asserts that fallacious argument dominates the gun control and gun rights debate on both sides. The author identifies and explains many specific examples of fallacious reasoning and argument in the gun debate, including fallacies of emotion, fallacies of diversion, and fallacies of proof.

14 citations

Journal Article
TL;DR: In this article, the authors propose a redefinition of the privacy tort known as "intrusion" (as incorporated in the Restatement (Second) of Torts) that would allow recovery for highly offensive instances of intrusions in public places.
Abstract: “Public privacy” sounds like an oxymoron, but this article asserts a tort theory to enforce just such a right under limited circumstances. Traditionally, courts have refused to recognize a right to privacy in a public place. The author argues that this lack of protection needs to be revisited in a world where good taste and decency have vanished from journalism/entertainment and video cameras and other electronic privacy-invading devices have proliferated.Analyzing the three foundations of privacy — secrecy, solitude, and anonymity — the author explains how and why they need, and are worthy of, legal protection even in some public contexts.Specifically, he proposes a redefinition of the privacy tort known as “intrusion” (as incorporated in the Restatement (Second) of Torts) that would allow recovery for highly offensive instances of intrusions in public places. He enlists a multi-factor test to assess the offensiveness of intrusive conduct, a standard that balances privacy interests against the countervailing interests of free social interaction and speech.

12 citations

Journal Article
TL;DR: In the wake of the 9/11 terrorist attacks against the United States, John Poindexter, the highest-ranking official to be criminally convicted in the Iran-Contra debacle in the mid-1980s, successfully pitched an idea to the U.S. Defense Department to create a computerized surveillance system to track the everyday activities of all American citizens with the goal of ferreting out terrorists as mentioned in this paper.
Abstract: I. INTRODUCTION In the wake of the 9/11 terror attacks against the United States, John Poindexter, the highest-ranking official to be criminally convicted in the Iran-Contra debacle in the mid-1980s, successfully pitched an idea to the U.S. Defense Department to create a computerized surveillance system to track the everyday activities of all American citizens with the goal of ferreting out terrorists.1 The program, known originally as Total Information Awareness (TIA),2 would apply sophisticated computer data-mining3 techniques to sift through virtual mountains of data of everyday transactions, such as credit card purchases, e-mail and travel itineraries, in an attempt to discover patterns predictive of terrorist activity.4 If implemented, TIA's exercise in data mining would, in the words of one critic, "amount to a picture of your life so complete it's equivalent to somebody following you around all day with a video camera."5 In pushing legislation to curb the program, U.S. Senator Ron Wyden called TIA "the most far-reaching government surveillance plan in history."6 The New York Times described TIA's "Orwellian dossiers on each and every American" as a "huge invasion of privacy."7 The good news is that Congress responded by imposing strict restrictions on TIA.8 The bad news is that hundreds of private companies, subject to little regulation, are already pursuing the same goals.9 Both on- and offline, businesses are collecting and warehousing staggering amounts of personal information about American citizens and compiling it into electronic dossiers designed to predict the way people think and behave. More than 1000 data-mining companies collect and sell data about U.S. consumers.10 Large companies like Acxiom, Experian, and R.L. Polk & Co. possess profiles of nearly every American consumer and household. Acxiom's InfoBase profiler collects data from more than 15 million sources11 and contains demographic information on 95 percent of U.S. households.12 Experian boasts that its databases cover 98 percent of U.S. households and can contain more than 1000 data items per household.13 Polk's "Automotive Profiling System" contains demographic and lifestyle information on more than 150 million vehicle owners and 111 million households.14 Online, Internet advertising companies such as DoubleClick track the clickstream of Internet users across the World Wide Web, creating detailed profiles of their behavior.15 By storing small text files called "cookies" on the computers of persons visiting DoubleClick-affiliated sites, the company has stockpiled profiles of more than 100 million individuals.16 Consumer profiling is not limited to companies that specialize in data collection. Online booksellers and other retailers profile customers by tracking the products they view or buy online.17 Telephone companies profile customers based on when, how often, and what numbers they call.18 Supermarkets profile shopping habits by recording and analyzing purchasing information collected through discount or loyalty club cards.19 Banks and other financial institutions construct profiles based on personal financial data.20 The Gramm-Leach-Bliley Act of 1999 allows them to share customer financial data with affiliated companies without restriction and to share it with anyone else if customers do not explicitly opt out of such sharing.21 We are quickly approaching a society where virtually all companies, driven by the creed that "the strategic use of customer information is critical to survival"22 in a fast, competitive, digitized marketplace, will seek to exploit their customer data for marketing benefits.23 Current technology makes it difficult for unrelated businesses to share customer information with other businesses, because their computer systems speak different languages. However, that obstacle may be eliminated by a technology industry initiative known as the Consumer Profile Exchange (CPEX). Working to create standardized XML computer markup language tags that can identify discrete types of personal data, the goal of CPEX is to facilitate the sharing of customer information among different businesses with the ease of pressing the "Enter" button. …

11 citations

Posted Content
TL;DR: In this paper, the authors argue that an implied contract of confidentiality arises in intimate relationships that the parties will not disseminate through an instrument of mass communication private, embarrassing information about the other acquired during the relationship.
Abstract: In today’s tell-all world, where anyone with internet access can become a “media outlet,” growing numbers of people are finding themselves the victims of former intimate partners who mass disseminate private, highly embarrassing information, including photos and videotapes, about or involving them.In theory, tort law provides the perfect (and exclusive) remedy when one gives widespread publicity to embarrassing, non-newsworthy private facts about a person in a manner that reasonable persons would consider highly offensive. In practice, however, this claim — known as the tort of “public disclosure of private facts” — offers virtually no chance of recovery by plaintiffs. The tort sustained severe, possibly mortal wounds in a series of U.S. Supreme Court cases culminating in Florida Star v. B.J.F. (1989). In its current formulation, it is quite possible that the public disclosure tort is unconstitutional under the First Amendment.The demise of the public disclosure tort has left a large gap in privacy protection for victims of offensive disclosures of private information. This Article proposes a theory to partially fill that gap in some public disclosure situations arising from intimate relationships. Specifically, expanding on an argument advanced by Professor Eugene Volokh that the only constitutionally permissible means for enforcing personal information privacy is contract law, the article argues that an implied contract of confidentiality arises in intimate relationships that the parties will not disseminate through an instrument of mass communication private, embarrassing information about the other acquired during the relationship.

8 citations


Cited by
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Journal ArticleDOI
Mary Shaw1
TL;DR: This review takes into account the range of factors, acting at different levels, directly and indirectly, through which housing affects health and considers how the improvement of housing and neighborhoods has been a core activity of public health and a central component in tackling poverty.
Abstract: This review considers the broad area of housing and public health, one of the traditional and core areas of public health research and intervention. The review takes into account the range of factors, acting at different levels, directly and indirectly, through which housing affects health. In public health terms, housing affects health in a myriad of relatively minor ways, in total forming one of the key social determinants of health. The paper closes by considering how the improvement of housing and neighborhoods has been a core activity of public health and a central component in tackling poverty. Investment in housing can be more than an investment in bricks and mortar: It can also form a foundation for the future health and well-being of the population. Addressing poor-quality housing and detrimental neighborhoods, in the broadest sense, is thus a task that should be grasped with vigor and determination by all those involved in public health.

669 citations

Journal ArticleDOI
TL;DR: Findings from ecologic and individual-level studies conducted over the past two decades illustrate the importance of accounting for the availability of highly lethal suicide methods in efforts to understand (and ultimately reduce) disparities in suicide mortality across populations.
Abstract: Suicide mortality varies widely across age, sex, race, and geography, far more than does mortality from the leading causes of natural death. Unlike the tight correlation between cancer mortality and the incidence of cancer, suicide mortality is only modestly correlated with the incidence of suicidal acts and other established risk factors for suicidal behavior, such as major psychiatric disorders. An implication of this modest correlation is that the proportion of all suicidal acts that prove fatal (the case fatality ratio) must account for a substantial portion of the (nonrandom) variation observed in suicide mortality. In the United States, the case fatality ratio is strongly related to the availability of household firearms. Findings from ecologic and individual-level studies conducted over the past two decades illustrate the importance of accounting for the availability of highly lethal suicide methods in efforts to understand (and ultimately reduce) disparities in suicide mortality across populations.

224 citations

Journal ArticleDOI
TL;DR: A number of sociologists and cultural psychologists claim that the United States is a predominantly individualistic country and use a unidimensional index of individualism and collectivism as mentioned in this paper.
Abstract: A number of sociologists and cultural psychologists claim that the United States is a predominantly individualistic country. This article uses a unidimensional index of individualism and collectivi...

118 citations

DissertationDOI
01 Jan 2017
TL;DR: A number of problems have arisen as a consequence of the rapid increase in the sharing of personal images online, because personal images uploaded online are, more now than ever, prone to misuse.
Abstract: Social networks have changed the nature of communication in the modern world: they have changed how people communicate, the frequency and mode of communication, and how people relate to those communications. Social networks have also changed the type of information that is communicated. One of the notable developments has been a proliferation of the sharing of images that people have taken themselves. From the ubiquitous selfie through to group shots, personal images are now a key part of modern social communication. A number of problems have arisen as a consequence of the rapid increase in the sharing of personal images online. This is because personal images uploaded online are, more now than ever, prone to misuse. Third parties are easily able to reuse, distort and alter images that are uploaded on social networks. As a result, people are at risk of losing control over the images that they upload online.

81 citations

Dissertation
15 Apr 2015
TL;DR: The curricular framework for EALP draws legal English from the periphery to the center of law school education by accentuating the legal linguistic skills needed both in academia and in legal practice by synthesizing theoretical principles and skills clusters.
Abstract: The decline of the requisite linguistic skills of law students around the world has been documented comprehensively through legal scholarship. While ameliorating initiatives attempt to remedy law school education, the curriculization of English for academic legal purposes (EALP) has been neglected, resulting in the absence of a principled curricular framework for developing EALP syllabi. The proliferation of legal English communication across the circles of world English has accentuated the deterioration of students’ linguistic skills and exacerbated the educational challenges confronting law schools. These premises were influenced and validated by the researcher’s experiences as student and teacher of law and language. Three research questions address the rationale and guide the research: (1) Which curricular principles can be deduced from theoretical linguistics, second language (L2) pedagogy, and legal education to constitute a framework for EALP? (2) Which legal linguistic skills clusters can be identified from a typology of EALP-type textbooks? (3) As research outcome, how can the literature review and textbook analysis be synthesized into a cohesive curricular framework for EALP that can be applied across the circles of world English? The cyclical research strategy that underpinned this qualitative study relied on a social constructionist worldview, case study methodology, and qualitative content analysis method. The literature review probed theoretical linguistics, L2 pedagogy, and legal education as tributary disciplines of EALP. Insights gleaned from the literature review informed the qualitative content analysis of a purposive sample of EALP-type textbooks (N = 44). The textbooks were coded to create a typology and to determine the clusters of linguistic skills introduced during law school and across the circles of world English. The literature review led to the formulation of theoretically informed, curricular principles from the three disciplines that underpin EALP. The qualitative content analysis resulted in the creation of a typology of textbooks that exhibits clusters of linguistic skills that are scaffolded throughout law school. While academic © University of Pretoria communication skills were accentuated, legal linguistic skills incorporate additional clusters of thinking, research, and pedagogic skills. Together these skills constitute the skill of “thinking like a lawyer.” A synthesis of the theoretical principles and skills clusters provides a holistic curricular framework for EALP that is sensitive to the local diversity within the circles of world English. The curricular framework for EALP draws legal English from the periphery to the center of law school education by accentuating the legal linguistic skills needed both in academia and in legal practice. The main limitations of the study are the challenges posed by the inclusion of original EALP syllabi and the manual coding of the textbook sample. © University of Pretoria

75 citations