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 […]
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 […]
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.
Over at Convictions and Balkinization, Orin Kerr and Jack Balkin are having an interesting discussion about Justice Scalia’s constitutionalism versus liberal constitutionalism.
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:
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 […]
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 […]
NOTICE: This is an unpublished blog post. It may not be cited by any court or any party to any litigation. A common practice for many courts is to issue unpublished opinions that may not be cited as precedent. These opinions are often short and consist of a few paragraphs. They are generally supposed to […]
It seems as though books are the theme of my blogging this week, so I thought I’d recommend another great new book: Professor Michael Sullivan’s Legal Pragmatism: Community, Rights, and Democracy (Indiana Univ. Press 2007). From the book jacket:
Last year, I wrote a post asking about whether there was a good response to the “nothing to hide” argument: