Last year, I wrote a post asking about whether there was a good response to the “nothing to hide” argument:
A Critique of the “Nothing to Hide” Argument
Category: Jurisprudence and Legal Theory
Posts about by Jurisprudence and Legal Theory Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Richard Rorty, R.I.P.
From Crooked Timber, I have learned that the philosopher Richard Rorty (1931-2007) has passed away.
How Much Does the First Amendment Limit Juror Privacy?
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:
Anuj Desai on the Post Office and the First Amendment
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:
Can the TB Patient Be Sued?
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:
The Future of the Supreme Court
Over at SCOTUS Blog, Tom Goldstein wonders what would happen to the Supreme Court if a Republican were to win the presidency in 2008:
Why Are Judges Citing Fewer Law Review Articles?
Over at the Volokh Conspiracy, Orin Kerr mulls the question of why judges are citing fewer law review articles these days than in the past. He refers to an article in the New York Times about the topic:
Privacy’s Other Path
Professor Neil Richards (Washington University School of Law) and I have posted on SSRN our new article, Privacy’s Other Path: Recovering the Law of Confidentiality, 96 Georgetown Law Journal __ (forthcoming 2007). The article engages in an historical and comparative discussion of American and English privacy law, a topic that has been relatively unexplored in America.
Posner, Pragmatism, and Precedent
Over at the Chicago Law Faculty Blog, Brian Leiter has a post discussing Judge Richard Posner’s legal pragmatism. He writes:
When Congress Is Undemocratic
Recently, several senators have been accused of putting a “secret hold” on a bill designed to curtail pork-barrel spending. According to Reuters: Any member of the Senate may place a secret “hold” on legislation, which prevents it from being brought up for a vote until concerns about the measure are resolved.