PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Anuj Desai on the Post Office and the First Amendment

Post Office and Privacy

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:

Should We Get Rid of the Law School In-Class Essay Exam?

Law School Exam

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 […]

Can the First Amendment Serve as a Source of Criminal Procedure?

Constitution First Amendment

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 […]

Orin Kerr on the Fourth Amendment

Police

Anybody familiar with Fourth Amendment law knows that it is utterly incoherent. In his new paper, Four Models of Fourth Amendment Protection, my colleague, Orin Kerr (GW Law School) argues that this incoherence is actually a good thing. He attempts to sort out the muddle that currently exists in Fourth Amendment law into four models. From […]

Law Review Editing: Some Suggestions for Reform

Law Review Editing

It’s that time of the year again. Every spring, law professors court law reviews. The relationship is initially filled with mutual infatuation — law professors eagerly try to get their articles accepted by the top law reviews and law review editors eagerly seek out interesting articles. It’s a springtime puppy love that sadly will not […]

Privacy’s Other Path

Confidentiality 01a

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.