News, Developments, and Insights

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My New Book, Understanding Privacy

Understanding Privacy

I am very happy to announce the publication of my new book, UNDERSTANDING PRIVACY (Harvard University Press, May 2008). There has been a longstanding struggle to understand what “privacy” means and why it is valuable. Professor Arthur Miller once wrote that privacy is “exasperatingly vague and evanescent.” In this book, I aim to develop a […]

Teaching Edited vs. Unedited Judicial Opinions

Judicial Opinions

Over at the Volokh Conspiracy, David Post and Orin Kerr are debating Post’s experiment of having students read unedited judicial opinions in his classes. Kerr writes that the skill of locating the relevant material in a case is a skill that is learned through all types of reading. Post counters that “a critical part of […]

Final Version Available: Data Mining and the Security-Liberty Debate

Data Mining

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 […]

Statutory Interpretation and Legislative Unresponsiveness

Statute Books

I see it happening over and over again. A legislature passes a statute. A new situation arises, one that doesn’t seem to have been anticipated by the legislature at the time of passing the statute. Judges must interpret the statute, and they often make one of two arguments: (1) had the legislature anticipated the case […]