Privacy and Property: Can They Remain after Juridical Personality is Lost

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Authors
Ahrens, Gary A.
Issue Date
1978
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Journal Article
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FIRST PARAGRAPH(S)|Today, the difference between the power of institutions and that of the individual is unprecendented, extreme and increasing. Furthermore, the chief support of modern institutional power is a technology for record keeping and transmitting which can "remember," keep and transmit virtually unlimited amounts of information, whether or not it is misleading, erroneous or incomplete. The American Constitution and Bill of Rights have provided a framework for balancing interests between the institution and the individual. Historically, conceptions of property were worked out to mark the boundaries between individual and state. The rise of bureaucratic and administrative units, both public and private, has made these formulations incomplete just as the rise of industrial society has made traditional concepts of property incomplete. The modern concern for a right of privacy reflects the need to formulate new ways of regulating the use of power...
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11 Creighton L. Rev. 1077 (1977-1978)
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Creighton University School of Law
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