Why Is There No Stare Decisis for Methods of Interpretation?
There’s an interesting discussion going on over at Balkinization about whether theories of interpretation matter. For example, see the posts of Brian Tamanaha and Sandy Levinson.
Author: Daniel Solove
Posts by Daniel Solove
Judges Citing Literature
Professor Todd Henderson (U. Chicago Law School) has posted an interesting article on SSRN, Citing Fiction, 11 Green Bag 2d 171 (2008). He provides many illuminating facts about judges citing literary works:
Final Version Available: Data Mining and the Security-Liberty Debate
My short essay, Data Mining and the Security-Liberty Debate, 74 U. Chi. L. Rev. 343 (2008) has just been published. I’ve posted the final version on SSRN. You can find the abstract and more information about the essay in a previous post I wrote about the subject here. The essay critiques arguments by Richard Posner […]
Do People Have a Reasonable Expectation of Privacy in Abandoned DNA?
A recent NY Times article discusses how the police are increasingly collecting DNA samples from suspects — not with warrants or probable cause — they are gathering it surreptitiously from the abandoned DNA that people leave behind:
Does the Roomates.com Case Affect CDA § 230 Immunity for JuicyCampus?
The U.S. Court of Appeals for the Ninth Circuit (en banc) has just issued a very interesting opinion interpreting a federal law providing immunity from liability for online speech — the Communications Decency Act (CDA), 47 U.S.C. § 230. The case is Fair Housing Council v. Roommates.com, LLC, 2008 WL 879293 (9th Cir. April 3, […]
The Contradictory Goals of Law School Rankings
As usual, a ton of blogospheric attention has been devoted to the US News law school rankings. Over at PrawfsBlawg, Geoffrey Rapp has found a way to get the numerical rankings of law schools in the Third and Fourth Tiers. At TaxProf, Paul Caron ranks the law schools by reputation score. At Brian Leiter’s Law […]
Improving the US News Rankings: A Wish List
A new article in the ABA Journal profiles Bob Morse, the US News & World Report “rankings czar.” I recently corresponded with Bob when he wrote to me about my parody of the rankings. He took my humor in good spirit. According to the ABA Journal article:
The NSA: The Total Information Awareness Agency
Remember when, about five years ago, a program called Total Information Awareness (TIA) came to light. TIA was a plan to create a massive government database of personal information which would then be data mined. The program led to a public outcry, with William Safire writing a blistering op-ed in the New York Times attacking […]
The Official Leaked US News Law School Rankings, Plus Ranking Secrets Revealed!
I’ve got the scoop of the year! An anonymous source from US News & World Report leaked this memo to me. It is a memo written by the magazine’s “law school ranking executive” describing how the magazine arrived at this year’s official rankings. See below for a sneak peak at this year’s rankings as well […]
Facebook Banishment and Due Process
Recently, I was talking with David Lat, author of the blog Above the Law, and he was complaining about being banished from Facebook. David was an active user of Facebook, and he suddenly and inexplicably found himself banned from the site. Facebook didn’t supply him with any reason.