Privacy Self-Management and the Consent Dilemma
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The Chapter 30B Manual: Procuring Supplies, Services and Real Property
Notice This manual supersedes the 2014 edition of The Chapter 30B Manual. The contents of older editions may not reflect current law or interpretations of the Office of the Inspector General. You may download this manual from our website at www.mass.gov/ig or purchase copies from the State Bookstore, Room 116, State House, Boston, MA 02133, (617) 727-2834. Massachusetts Office of the Inspector General Address: Room 1311 John McCormack State Office Building One Ashburton Place Boston, MA 02108 Contact Information: (617) 727 - 9140 (Main Office) (617) 722 - 8838 (Chapter 30B) (617) 727 - 9140 (MCPPO Program) (800) 322 - 1323 (Confidential 24-Hour Hotline) (617) 723 - 2334 (FAX) www.mass.gov/ig Copyright 2016 by the Commonwealth of Massachusetts Office of the Inspector General, Boston, Massachusetts All rights reserved First edition published 1990, revised 1995, 1998, 2000, 2006, 2011, 2014, 2016 Printed on recycled paper November 2016 Dear Reader: I am pleased to issue this updated edition of The Chapter 30B Manual: Procuring Supplies, Services and Real Property. The manual is one component of the Office of the Inspector General’s ongoing efforts to prevent fraud, waste and abuse in the expenditure of public funds. It provides comprehensive guidance and information about complying with the Uniform Procurement Act, M.G.L. c. 30B (Chapter 30B). This new edition of the manual incorporates statutory changes to Chapter 30B that are effective November 7, 2016, including the new thresholds and requirements in Chapter 218 of the Acts of 2016, An Act Modernizing Municipal Finance and Government. It also includes updated forms and checklists, as well as practical advice on conducting a wide range of procurements. -
Privacy and Publicity: the Two Facets of Personality Rights
Privacy and publicity Privacy and publicity: the two facets of personality rights hyperbole. In this context, personality In this age of endorsements and rights encompass the “right of privacy”, tabloid gossip, famous people which prohibits undue interference in need to protect their rights and a person’s private life. In addition to coverage in the media, reputations. With a growing number images of celebrities adorn anything from of reported personality rights cases, t-shirts, watches and bags to coffee mugs. India must move to develop its This is because once a person becomes legal framework governing the famous, the goods and services that he or commercial exploitation of celebrity she chooses to endorse are perceived to reflect his or her own personal values. By Bisman Kaur and Gunjan Chauhan, A loyal fan base is a captive market for Remfry & Sagar such goods, thereby allowing celebrities to cash in on their efforts in building up Introduction a popular persona. Intellectual property in India is no longer Unfortunately, a large fan base is a niche field of law. Stories detailing also seen by unscrupulous people as an trademark infringement and discussing opportunity to bring out products or the grant of geographical indications services that imply endorsement by an routinely make their way into the daily individual, when in fact there is no such news headlines. From conventional association. In such cases the individual’s categories of protection such as patents, “right of publicity” is called into play. trademarks, designs and copyright, IP laws The right of publicity extends to every have been developed, often by judicial individual, not just those who are famous, innovation, to encompass new roles and but as a practical matter its application areas of protection. -
Image Is Everything Lowenstein Sandler’S Matthew Savare Gives a Comparative Examination of Publicity Rights in the US and Western Europe
Publicity rights Image is everything Lowenstein Sandler’s Matthew Savare gives a comparative examination of publicity rights in the US and western Europe Comedian Steven Wright once joked, “It’s a small world, but I the person’s identity has “commercial value” versus only 10 years for wouldn’t want to paint it”. Over the last decade, the proliferation those whose identity does not. of digital technologies has not made the world smaller or easier to • Remedies – the remedies available to plaintiffs also vary from state paint, but it has significantly hastened the globalisation of content. This to state. For example, New York’s statute provides for injunctions, transformation, coupled with the developed world’s insatiable fascination compensatory damages, and discretionary punitive damages. Ohio’s with fame, has spurred the hyper commoditisation of celebrity. statute, which offers the most remedies of any state statute, permits Despite the universality of celebrity, the laws governing the injunctions; a choice of either actual damages, “including any commercial exploitation of one’s name, image, and likeness differ profits derived from and attributable to the unauthorised use of an widely between the US and the nations of western Europe. In light individual’s persona for a commercial purpose” or statutory damages of the increased trafficking in celebrity personas between the two between $2,500 and $10,000; punitive damages; treble damages continents, a brief comparative analysis is warranted. if the defendant has “knowledge of the unauthorised use of the persona”; and attorney’s fees. A primer on US right of publicity law Courts have used primarily three methodologies or some The right of publicity is the “inherent right of every human being to combination thereof to value compensatory damages. -
The French Law of April 13 2016 Aimed at Strengthening the Fight Against the Prostitutional System and Providing Support For
The French law of April 13 2016 aimed at strengthening the fight against the prostitutional system and providing support for prostituted persons Principles, goals, measures and adoption of a historic law. 1 CAP international, March 2017 www.cap-international.org Authors: Grégoire Théry, Executive director of CAP international Claudine Legardinier, Journalist Graphic design: micheletmichel.com Translation: Caroline Degorce Contents Presentation of the law of April 13, 2016 > Introduction ................................................................................................................................................p.5 > Content of the law ....................................................................................................................................p.5 French law following the adoption of the new Act > The fight against procuring and pimping .......................................................................................p.8 > Prohibition of the purchase of sex acts .......................................................................................... p.9 > Protection, access to rights and exit policy for victims of prostitution, pimping and trafficking .......................................................................................................................p.10 The spirit of the law > Philosophical foundation ....................................................................................................................p.13 > Adoption of the parliamentary resolution of December -
Katherine Fernandez Rundle State Attorney
KATHERINE FERNANDEZ RUNDLE STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT 8 IN AND FOR MIAMI-DADE COUNTY FOR IMMEDIATE RELEASE 2 Charged in Separate Human Trafficking Cases Arrests focused on procuring for prostitution activities Miami (August 13, 2021) - Miami-Dade State Attorney Katherine Fernandez Rundle, City of Miami Police Chief Art Acevedo and City of Hialeah Police Chief Sergio Velazquez announce the arrest of two individuals for their independent involvement in the alleged procuring and facilitating of prostitution services in the City of Miami and in the City of Hialeah. In both cases, information and police assistance supplied to the Miami- Dade State Attorney’s Office Human Trafficking Task Force proved pivotal in the arrests of 32-year-old Aleksandra S. Soboleva A/K/A Karina and 31-year-old Brian Rodriguez. “Sadly, there are still individuals in our community who feel that forcing young women into prostitution is an acceptable way to make a living,” said State Attorney Katherine Fernandez Rundle. “Such activity demeans the women involved, reducing their humanity to the level of walking cash machines. Rescuing these victims is the goal of the Miami-Dade State Attorney’s Office Human Trafficking Task Force.” In the City of Miami case, Aleksandra S. Soboleva has been charged with: • 1 count of Deriving Support from the Proceeds of Prostitution • 1 count of Unlawful Use of a Two-Way Communications Device • 1 count of Renting Space to be Used for Prostitution • 1 count of Soliciting, Inducing or Procuring Another to Commit Prostitution • 1 count of Direct Another to a Place of Prostitution Soboleva’s charges arise from a City of Miami police operation at a massage parlor located at 4315 NW 7th Street, Suite #37B in Miami. -
Much Ado About Newsgathering: Personal Privacy, Law Enforcement, and the Law of Unintended Consequences for Anti-Paparazzi Legislation
MUCH ADO ABOUT NEWSGATHERING: PERSONAL PRIVACY, LAW ENFORCEMENT, AND THE LAW OF UNINTENDED CONSEQUENCES FOR ANTI-PAPARAZZI LEGISLATION ANDREW D. MORTONt Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dan- gers to liberty lurk in insidiousI encroachment by men of zeal, well-meaning but without understanding. INTRODUCTION: BALANCING THE INDIVIDUAL RIGHT TO PRIVACY WITH LEGITIMATE LAW ENFORCEMENT SURVEILLANCE Horror, not humor, brought actors Michael J. Fox and Paul Reiser to testify before a hearing of the United States House Judiciary Committee last summer.2 Fox described the "mercenary tactics of tabloid photographers" who turned his wedding into a "nightmare" as helicopters recklessly jock- eyed for position above the ceremony, then "fired away with high-powered cameras" on the couple's honeymoon suite.3 When Reiser's son was born prematurely, disguised journalists infiltrated the hospital with hidden cam- eras to steal a photo of the infant, and after returning home, the child was photographed in the privacy of the family's backyard by "resourceful" jour- t B.A. 1991, M.P.P. Candidate 2000, University of Maryland; J.D. Candidate 2000, Uni- versity of Pennsylvania. This Comment is dedicated to the memory of Alan Rubinstein- gifted attorney, and the father-in-law I have known only through the many whose lives he touched. I am deeply indebted to Ed Pease, Diana Schacht, the staff and members of the U.S. -
Privacy and the Limits of Law
The Yale Law Journal Volume 89, Number 3, January 1980 Privacy and the Limits of Law Ruth Gavisont Anyone who studies the law of privacy today may well feel a sense of uneasiness. On one hand, there are popular demands for increased protection of privacy, discussions of new threats to privacy, and an intensified interest in the relationship between privacy and other values, such as liberty, autonomy, and mental health.' These demands have generated a variety of legal responses. Most states recognize a cause of action for invasions of privacy.2 The Supreme Court has declared a constitutional right to privacy, a right broad enough to protect abortion and the use of contraceptives. 3 Congress enacted the Privacy Act of 19744 after long hearings and debate. These activities 5 t Visiting Associate Professor of Law, Yale Law School. This Article develops some of the themes of my doctoral thesis, Privacy and Its Legal Protection, written under the supervision of Professor H.L.A. Hart. Much of the inspiration of this piece is still his. I am grateful to Bruce Ackerman, Bob Cover, Owen Fiss, George Fletcher, Harry Frank- furt, Jack Getman, Tony Kronman, Arthur Leff, Michael Moore, and Barbara Underwood, who read previous drafts and made many useful comments. I. The best general treatment of privacy is still A. WEsTIN, PRIVACY AND FREEDOm (1967). For treatment of a variety of privacy aspects, see NoMos XIII, PRIVACY (R. Pen- nock & J. Chapman eds. 1971) (Yearbook of the American Society for Political and Legal Philosophy) [hereinafter cited as Nomos]. 2. W. PROSSER, THE LAW OF TORTS 804 (4th ed. -
How the Criminalization of Procuring Affects Sex Workers in Canada
217 Wagadu Volume 8 Fall 2010 TEN ILLEGAL LIVES, LOVES, AND WORK: HOW THE CRIMINALIZATION OF PROCURING AFFECTS SEX WORKERS IN CANADA Emily van der Meulen1 Abstract2: Based on interviews with sex workers and advocates of decriminalization in Toronto, Canada, this article argues that aspects of the Criminal Code’s procuring legislation has detrimental impacts on sex workers’ daily realities and relationships. While the direct exchange of sexual services for money is not illegal in Canada, the laws that surround prostitution-related activities criminalize common work situations as well as sex worker’s personal and business relationships. Sex workers’ lived and intimate knowledge lend them a greater awareness of the effects and consequences of the current legislative framework as well as a greater awareness of what social and legal changes are necessary to improve their lives. Introduction Sex workers have a unique insight and expertise regarding their industry, the role it plays in Canadian society, and the ways in which regulatory schemes will impact their business. Above all, law and policy makers should listen to sex workers in order to understand how the laws affect them, which is a necessary step in ensuring that Canada’s laws comply with the guarantees and protections enshrined in the Charter and other human rights instruments (Childs et. al., 2006, p. 9) Over the past two decades, research on sex work in Canada has largely focused on the effects of the Criminal Code on the vulnerability of, and violence towards, sex working communities (Allinott et al., 2004; Betteridge, 2005; Childs et al., 2006; Hanger & Maloney, 2006; Lewis, Maticka-Tyndale, Shaver & Schramm, 2005; Jeffrey & MacDonald, 2007; Lowman, 1998; Lowman, 2000; Lowman & Fraser, 1995; Maticka-Tyndale, Lewis, Clark, © Wagadu 2011 ISSN: 1545-6196 Demystifying Sex Work and Sex Workers 218 Zubick & Young, 1999; Miller, 1993; Pyett & Warr, 1997; Star, 2006; van der Meulen & Durisin, 2008). -
Selected Legal Tools for Maintaining Government Contractor Accountability
Selected Legal Tools for Maintaining Government Contractor Accountability September 26, 2018 Congressional Research Service https://crsreports.congress.gov R45322 SUMMARY R45322 Selected Legal Tools for Maintaining September 26, 2018 Government Contractor Accountability David H. Carpenter Federal procurement statutes and the Federal Acquisition Regulation (FAR) establish largely Legislative Attorney uniform policies and procedures applicable to government contracts “to deliver on a timely basis the best value product or service to the [government], while maintaining the public’s trust and Kathleen Ann Ruane fulfilling public policy objectives.” To meet these ends, federal agencies have a number of legal Legislative Attorney tools at their disposal to help ensure a contractor adequately performs a contract or, if warranted, to hold a contractor accountable for performance failures or misconduct: Corrective Actions. In many instances, the FAR requires procurement contracts to include “inspection clauses” that explicitly authorize procuring agencies to require contractors to remove, correct, or replace rejected goods, or reperform services (together, to take “corrective actions”) for failing to conform to contract specifications and requirements. Relatedly, inspection clauses often authorize agencies to make equitable cost reductions or seek repayment to account for all of the costs associated with deficient services that cannot be reperformed or goods the agency received and accepted despite the deficiencies. Incentive Fees. Under certain circumstances, procuring agencies are permitted to incentivize contractors with performance- based payments. These “incentive fees” can be an effective contractor accountability measure because they can be paid to reward contractors for meeting or exceeding goals or standards contemplated in the contract or withheld or reduced when contractors fail to meet or exceed those goals or standards. -
Defamation and the Right of Privacy
Vanderbilt Law Review Volume 15 Issue 4 Issue 4 - October 1962 Article 4 10-1962 Defamation and the Right of Privacy John W. Wade, Dean Vanderbilt Law School Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Privacy Law Commons, and the Torts Commons Recommended Citation John W. Wade, Dean, Defamation and the Right of Privacy, 15 Vanderbilt Law Review 1093 (1962) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss4/4 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Defamation and the Right of Privacy JOHN W. WADE* In this article Dean Wade discusses the scope of the tort of un- warranted invasion of the right of privacy, comparing and contrasting it with the tort of defamation. He observes that the action for invasion of the right of privacy may come to supplant the action for defamation and that this development should be welcomed by the courts and writers. Finally, he concludes that the whole law of privacy may someday be- come a part of the larger, more comprehensive tort of intentional in- fliction of mental suffering. I. INTRODUOTMON The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. -
The Procurement of Goods
Annex I _________________ Standard Bidding Document for Request for Quotations (Shopping) __________ The Procurement of Goods 1 Notice to Users The use of this Request for Quotations (RFQ) Standard Bidding Document is mandatory for all procurement of Goods through Limited/Selective Tendering procedure, with an estimated value between BZD 1,000 - 20,000, when the procurement is funded by the Government of Belize. The guidelines for the procurement of goods are described within this shopping process document in the italic text into brackets [ ]. Users are also encouraged to refer to Section 20 Standard Bidding Documents & Important Clauses of the Public Procurement Procedures Handbook (PPPH) (Volume I) and to the relevant Guidance Notes for SBDs (Annex VII a, in Volume II). All goods procurement with an estimated value above BZD 10,000 can be advertised in the English language in a national newspaper of wide circulation that has been continuously published for a period of not less than two years, and on the Government of Belize’s official website, with all who express interest invited to submit a sealed quotation and a public opening held. a) Any interested party may obtain the bidding documents and submit a quotation, including foreign firms, free of charge. b) In addition to those who express interest, a shortlist of not less than three (3) national or international firms may be invited. c) The time period between the appearance of the advertisement and the opening of sealed quotations will be at least 14 days and no more than 35 days. This RFQ Standard Bidding Document shall be also used for the procurement of General support Services, as defined in the PPP Handbook Glossary of Terms and in Sub-Section 38.7 of the PPPH Part II, with minor appropriate modifications. -
Three Milestones in the History of Privacy in the United States
Three Milestones in the History of Privacy in the United States Vernon Valentine Palmer* I. INTRODUCTION ................................................................................... 67 II. A FIRST MILESTONE: WARREN AND BRANDEIS’S INVENTION OF PRIVACY ........................................................................................ 70 A. Intervening Years 1890-1970 ............................................. 79 III. A SECOND MILESTONE: PROSSER’S REFORMULATION OF PRIVACY ............................................................................................. 82 A. Prosser’s Methodology Revisited ....................................... 85 B. Finding Order, Losing Sight of Privacy ............................. 89 C. The Four Privacies Enter American Common Law ........... 91 IV. THE THIRD MILESTONE: THE CONSTITUTIONAL TRANSFORMATION OF LIBERTY INTO PRIVACY ................................. 93 V. CONCLUSION ...................................................................................... 97 I. INTRODUCTION The subject of privacy rights fits somewhere within the far broader subject of personality rights. Personality rights of course are numerous and diffuse. As Jean Dabin defined them, they are “rights whose subject is the component elements of the personality considered in its manifold aspects, physical and moral, individual and social.”1 They may be classified by general headings under which related interests are grouped together. On the Continent and in countries where a general theory of personality rights has