I’ve written a short essay (about 20 pages), entitled Data Mining and the Security-Liberty Debate, for an upcoming symposium on surveillance for the U. Chicago Law Review. The symposium website is here [link no longer available]. The symposium looks to be a terrific event. The event will be held on June 15-16, 2007 (registration information is available […]
The Pennsylvania Supreme Court, in a recent decision — Commonwealth v. Long, — A.2d —-, 2007 WL 1574157 (Pa. 2007) — concluded that the First Amendment requires public disclosure of jurors’ names. This is an issue that the U.S. Supreme Court has not yet addressed. According to the court:
I blogged the other day about the inappropriate disclosure of the TB patient’s identity. Over at Chronicles of Dissent, Dissent has an interesting post worth reading about the issue. He quotes Dr. Martin Cetron, Director of Division of Global Migration and Quarantine at CDC, who said: “I don’t think, publicly naming the individual, which we never do, has any […]
The other day, I blogged about the TB patient who flew to Europe and back with the knowledge that he had a rare form of TB. The media had been reporting on the case for a while, and the man’s name was not identified until a day or two ago, when a number of stories began including […]
Professor Anuj Desai (U. Wisconsin Law School) has posted his forthcoming article, The Transformation of Statutes into Constitutional Law: How Early Post Office Policy Shaped Modern First Amendment Doctrine, on SSRN. Anuj’s paper is a fascinating history of the early Post Office and how statutory protection of letters influenced constitutional law. From the abstract:
I’ve been pondering whether the TB patient with the rare hard-to-treat form of the disease who flew on so many flights can be sued by those other passengers whom he may have exposed to the illness. From the New York Times:
Over at SCOTUS Blog, Tom Goldstein wonders what would happen to the Supreme Court if a Republican were to win the presidency in 2008:
I’ve long been unhappy with the typical law school exam format. The entire grade for the class is based on one 3-hour in-class essay exam. The problem with this format is that many students aren’t particularly adept at writing very quickly under immense time pressure. So the exam tests, in part, the ability to write […]
Typically, when we think of the constitutional criminal procedure that regulates government information gathering, we think of the Fourth and Fifth Amendments. But many government investigations involve collecting information about speech, association, religion, and the consumption of ideas. The NSA surveillance of telephone calls, for example, involves speech. National Security Letters can be used to […]
At Balkinization, Mark Graber posts an email from Princeton Professor Walter Murphy, who writes about his ordeal over being on an airline screening list: