A Descriptive Analysis of the Fourth Amendment and the Third-Party Doctrine in the Digital Age

2017 ◽  
Author(s):  
Peter C. Ormerod ◽  
Lawrence J. Trautman
2017 ◽  
Vol 14 (1) ◽  
pp. 189-194
Author(s):  
Xiuyan Bai

Factors influencing consumer trust in C to C E-commerce were investigated through questionnaire in the Thesis and SPSS statistical software was used to conduct data analysis for questionnaire results. In data analysis, descriptive analysis, factor analysis and regression analysis were successively conducted in the Thesis and five factors influencing the trust for website and vendor by consumers were extracted in the Thesis through analysis. Finally, trust mechanism was discussed from five aspects, respectively legal restraint, market, industry supervision, the third-party certification, the third-party guarantee and trust evaluation.


Laws ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 7
Author(s):  
Klaus Schmidt ◽  
Katrin C. Varner ◽  
Agrey D. Chenga

The unresolved issues between the Fourth Amendment and the third-party doctrine provide first responders with challenges in their approach to meet the needs of any emergency they may be called for. A first responder needs to provide help quickly, and often this does not leave much time to think about the legal implications of some of their actions. With the rise of the Internet, the challenges of terrorism, and WikiLeaks, first responders are no longer sheltered from the legal implications that the use of information from online and other secondary sources may have. Specifically, privacy concerns may be raised when first responders use social media either as a tool to gather information about evolving emergencies, or to engage in the process of monitoring those media to detect potential threats to the safety of the country and its citizens. This paper will address some challenges first responders face when considering the third-party doctrine principles and the Fourth Amendment in their rescue efforts. What are some liability and legal concerns in the context of what first responders encounter when responding to potential threats? The paper will also include a discussion of practical experiences with the Fourth Amendment and third-party doctrine principles and explore liability issues related to first responders’ use of information.


2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green

Author(s):  
Chen Lei

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.


Sign in / Sign up

Export Citation Format

Share Document