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Educational Privacy & Technology: Scholarly Materials

Student Study Aids

Treatises

Treatises:  To find treatises on education law, privacy, technology, and related topics use the Law Library’s (or another library’s) online public access catalog (OPAC), or use the WORLDCAT database available to Villanova students through Falvey Library, the main campus library (see the “Databases A-Z” link on the Falvey Library website).  Some suggested material is listed below:

 

Interdisciplinary Research Resources

Material on the issues regarding the intersection of law, educational technology, and privacy may be found in sources outside legal information resources.  Much information of this type may be found using the resources of Falvey Library, including the Library's catalog and their "Databases A-Z" collection, and on the Internet, using such search-engines as Google Scholar.  Books, scholarly articles, and other types of material may be located using these aids.  Suggested resources are linked below:

Google Scholar

Falvey Library

Journal Finder

Databases A-Z

 

Secondary Legal Sources

American Law Reports:  Annotations in American Law Reports, available in print form in the Library and online on Westlaw and Lexis Advance, may be of value to the education law researcher.  Use the Index volumes in print or search annotations online.  Some suggested ALR annotations:

 

Validity, construction, and application of Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C.A. § 1232g), 112 A.L.R. Fed. 1 (1993)

 

Unlawful Access to Stored Communications pursuant to Stored Communications Act, 18 U.S.C.A. §§ 2701 et seq., 1 A.L.R. Fed. 3d Art. 1 (2015)

 

Invasion of Privacy by Internet or Website Postings, 54 A.L.R. 6th 99 (2010)

 

Law Reviews and Journals:  Research law reviews and journals dealing with the intersection of education law, privacy, and technology using legal databases:

 

Heinonline:  Selected articles below:

 

Jules Polonetsky & Omer Tene, Who is Reading Whom Now: Privacy in Education from Books to MOOCs, 17 Vand. J. Ent. & Tech. L. 927 (2014-2015)
 
Joanna Tudor, Legal Implications of Using Digital Technology in Public Schools: Effects on Privacy, 44 J.L. & Educ. 287 (2015)
 
Elana Zeide, Student Privacy Principles for the Age of Big Data: Moving Beyond FERPA and FIPPS, 8 Drexel L. Rev. 339 (2015-2016)
 
Meriem El-Khattabi, Mining for Success: Have Student Data Privacy and Educational Data Mining Created a Legislative War Zone [Note], 2017 U. Ill. J.L. Tech. & Pol'y 511 (2017)
 
Dylan Peterson, Edtech and Student Privacy: California Law as a Model, 31 Berkeley Tech. L.J. 961 (2016)
 
Elana Zeide, The Limits of Education Purpose Limitations, 71 U. Miami L. Rev. 494 (2016-2017)

 

Lexis Advance:  Law Reviews & Journals database

 

Westlaw:  Law Reviews & Journals database     

 

Check the Library’s OPAC for Journal in print form.

 

Practice Materials

American Jurisprudence Proof of Facts:  This resource, available in Westlaw, explains how to determine and prove the facts essential to winning a case.  Articles also highlight cases to avoid due to difficulties or failures in proof.

 

American Jurisprudence Trials:  This resource, available on Westlaw, contains articles authored by practicing attorneys providing valuable information for trail practice in specific types of actions.

 

Particular Public School District Liability Issues Arising from Student or Staff Use of Computers, Internet, or Other Electronic Media to Harass or Bully Students, 115 Am. Jur. Trials (2010)

 

Causes of Action:  This resource, available on Westlaw, provides an analysis of the required elements of causes of action, and defenses to such.

 

Cause of Action for Violation of Federal Computer Fraud and Abuse Act (CFAA), 61 Causes of Action 2d 345 (2014)