Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Outfoxed: Pierson V. Post And The Natural Law, Josh Blackman
Outfoxed: Pierson V. Post And The Natural Law, Josh Blackman
Josh Blackman
Think back to first year property class. You are a bright-eyed 1L, and one of the first cases you read deals with hunting foxes on the beaches of Long Island, New York. The fact pattern seems obscure enough, but Pierson v. Post is the seminal case used to teach generations of law students about the acquisition of property. The interest in Pierson has recently been reinvigorated thanks to the uncovering of the original record of this case. Last year the Law and History Review dedicated an entire issue to this famous foxhunt. The holding in Pierson v. Post has been …
Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr
Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr
Josh Blackman
Justice Jackson’s tripartite analysis in Youngstown Sheet & Tube serves as the seminal framework to resolve national security and separation of powers issues. Examining national security and separation of powers cases that have employed the flexible and functionalist Youngstown framework yields a curious, and previously unidentified revelation. This article addresses this irregularity, and explains how in fact the Supreme Court has adopted an implied fourth tier of Youngstown. In some cases, the Supreme Court ostensibly applied the Youngstown framework, yet the Court’s analysis cannot be reasonably pigeonholed into one of the three tiers. Thus, the Court has implicitly recognized a …
Omniveillance, Privacy In Public, And The Right To Your Digital Identity: A Tort For Recording And Disseminating An Individual’S Image Over The Internet, Josh Blackman
Josh Blackman
Internet giant Google recently began photographing American streets with a new technology they entitled Google Street View. These high-resolution cameras capture people, both outside, and inside of their homes, engaged in private matters. Although the present iteration of this technology only displays previously recorded images, current privacy laws do not prevent Google, or other technology companies, or wealthy individuals, from implementing a system that broadcasts live video feeds of street corner throughout America. Such pervasive human monitoring is the essence of the phenomenon this Article has termed omniveillance. This threat is all the more realistic in light of projected trends …