Scott Michelman, staff attorney for the ACLU, has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive authority, the Fourth Amendment, and the separation of powers. But…
Article: From Privacy To Liberty: The Fourth Amendment After Lawrence
Thomas P. Crocker has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court’s third-party doctrine,…
Swartz v. Does: American and Canadian approaches to anonymity in internet defamation cases
Matthew Nied, a law student at the University of Victoria, writes: A recent case illustrates that American jurisprudence is increasingly coalescing around a uniform approach to determine whether a plaintiff may compel the disclosure of an anonymous defendant’s identity in internet defamation cases. As discussed below, the Canadian experience has been different. In Swartz v….
Article: Preemption and Privacy
Paul M. Schwartz has an article (pdf) in Yale Law Review that provides much food for thought. Here’s the abstract: A broad coalition, including companies formerly opposed to the enactment of privacy statutes, has now formed behind the idea of a national information privacy law. Among the benefits that proponents attribute to such a law…